Case Details

Citation(s)
1999 SLD 80 = 1999 PLC(CS) 409

Civil Appeals Nos. 1066, 1067, 1068, 1069 and.'1070 of 1998, decided on 27th November, 1998.
Ajmal Mian, CJ., Munawar Ahmed Mina and Sh. Riaz Ahmed, JJ

MUHAMMAD YAR BUTTAR and 4 others

VERSUS

BOARD OF GOVERNORS, OVERSEAS, PAKISTANIS FOUNDATION, ISLAMABAD and another

Law:

Section:

SH. RIAZ AHMED, J.---The above five appeals through leave of this Court calling in question' the judgment and order dated 9-3-1998 delivered by the Federal Service Tribunal will be disposed of through this order because identical questions of law and fact are involved in these appeals.   2. The appellants are employees in the service of the Overseas Pakistanis Foundation (O.P.F.). On 9-2-1998, the O.P.F. issued the following show-cause notices to the appellants:--   OVERSEAS PAKISTANIS FOUNDATION   No. OPF/Sectt/Pers/1029/98 Islamabad, the 9th February, 1998.   SHOW? CAUSE NOTICE   Whereas, you Mr. Muhammad Yar Bhuttar, posted as Director (Finance)/Director (Housing & Works) have been found responsible for committing following serious irregularities as determined by a High Powered Committee appointed under the authority of the Ministry of LM&OP, by misuse of powers, violation of rules and regulations, mismanagement, negligence and inefficiency in discharge of your duties in connection with External Development Works of Phase-III and Additional External Development Works of Phases-l and 11 of Chitterpari Housing Scheme, Mirpur (A.K.), specially you:--   Failed to point out irregularities in the award of work.   Failed to point out that conditional negotiated offer of the Contractor - M/s. United Builders ( Pvt. ) Ltd., was against the rules and liable to rejection of tenders.   Failed to process ex-post facto approval of the award of work by the B.O.G., before the release of the contractors' payments.   Recommended changes in the conditions of the contract relating to acceptance of insurance bonds instead of bank guarantees m respect of Mobilization Advance and Performance Bond, in blatant violation of the conditions of the tender.   Recommended acceptance of all Insurance Bonds from M/s. Alpha Insurance Co., instead of Eastern Federal Union Insurance Co., and Adamjee Insurance Co., (as stipulated in the Tender Documents), after award of work.   Failed to ensure proper documentation of the Contract Agreement, before issuance of Letter of Intent' and Work Order.   Released payment of…
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