Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-- --Rr. 5 .(1) (ii) & 5 (1) (iii) -Show-cause notice procedure-­Dispensing with holding of inquiry-Justification-Accused a clerk in Custom Department despatching cheques apparently issued without authorisation to address other than original addresses on refund orders and cheque registers-Admitting default and mistake when asked for to explain and soon thereafter person to whose address such cheques despatched refunding amount drawn against such cheques-Circumstances indicative of collusion between accused and such person-Such circumstances coupled with admission of accused, held, sufficient to justify adoption of show-cause notice procedure and contention that case called for enquiry rejected by Service Tribunal. Qazi Khalid Aziz for Appellant. Maz Ahmad Khan, Standing Counsel for Respondent. Date of hearing : 14th March, 1983. JUDGMENT A. O. RAZIUR REHMAN (MEMBER).-The appellant, an Upper Division Clerk in the Custom House, Karachi, was removed from service by the authority, namely, the Collector of Customs, Karachi, under rule 4 (b) of the Government Servants (Efficiency and Discipline) Rules, 1973, by an Office Order issued on 29-7-1980, on the ground that he had engaged himself deliberately in fraudulent activities, which amounted to gross misconduct under rule 3 (h) of the said rules. Against the above order, the appellant preferred a departmental appeal on 25-8-1980 before the Member (Customs), Central Board of Revenue, After waiting for the statutory period of 90 days for a decision on this appeal, he came up in appeal before the. Tribunal on 27-11-1980. After preliminary hearing on 25-1-1981, the, case was admitted and after notice to the respondents, regular hearing took place on 14-3-1983, as a sequel to which this order is being passed. 3. The case against the appellant was that on 3-3-1979, he prepared three cheques bearing Nos. A 252683 for Rs. 16,598, A 252684 for Rs. 16,598 and A 252685 for Rs. 8,650.70, in the name of three parties, namely; Mrs. Razia Begum, Mrs. Zubeeda Khatoon and Mrs. Jan Bibi, respectively, in lieu of cheques previously issued in their favour on different dates…

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