| Citation(s) |
|---|
| 1983 SLG 1684 1983 SLD 1684 1983 PLC 688 |
Federal Service Tribunal, Islamabad
Appeal No. 77 (R) of 1982, decided on 7th April, 1983.
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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Appeal No. 77 (R) of 1982, decided on 7th April, 1983.
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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SHAHZADA PERVAIZ KHAN
VS
SECRETARY, MINISTRY OF DEFENCE AND OTHERS
Law:
Section:
Service Tribunals Act (LXX of 1973)- --S. 4 read with Civil Servants Act (LXXVI of 1973), S. 2 (b) (ii)"Civil servant" - Godown-keeper in Rationing Cell of Pakistan Ordnance Factory-" Workman" as defined in Sched. II (xxvi) of Workmen's Compensation Act, 1923 and not a civil servant-Such employee, held, cannot seek redress before Service Tribunal against discharge from service. M. Farooq Kiani for Appellant. Syed M. Shahudul Haque for the State. Date of hearing : 5th April 1983. JUDGMENT BRIG. (RETD.) ABDUR RASHID (MEMBER).-The appellant was a senior godown-keeper in the Rationing Cell of P. O. F., Wah. He was served with a charge-sheet on 27-10-1981, the charge being shortage of 70 k. g. of atta with intent to misappropriate. The appellant furnished his reply dated 10-11-1981. His explanation was not found satisfactory and he was subsequently served with a show-cause notice dated 12-11-1981. He furnished his reply to the said show cause on 26-11-1981. Vide Daily Part-II order No. 404/2, dated 19-1-1982, he was "discharged" from service on disciplinary grounds and struck off strength with effect from 10-1-1982. He preferred a departmental appeal against his termination of service on 9-2-1982 which was rejected vide letter dated 24-3-1982. He preferred his present appeal before us on 28-4-1982 under section 4 of the Service Tribunals Act, 1973. 2. We heard the learned counsel…
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