Case Details

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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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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