Law:

Section:

Civil service----- --Disciplinary action-Mala fide-Accused charge-sheeted on receipt of directions of Minister stating "he must be thrown out and compliance reported"-Enquiry Officer himself expressing view that accused's guilt was doubtful but presumably in view of orders of Minister changing nature of charges thus assuming role of Authorised Officer and making adverse recommendation against accused - Order of Minister biasing all subordinate authorities viz. Enquiry Officer, Authorised Officer and Authority-Report of Enquiry Officer, recommendation of Authorised Officer and order of Authority, in circumstances, held, were mala fide in law and for that reason alone accused deserved to be exonerated-Impugned penalty order of removal from service, in circumstances set aside by Service Tribunal­-Exoneration, held, not honourable in technical sense-Intervening period treated as leave extraordinary without pay without causing break in service-Service Tribunals Act (LXX of 1973), S. 4. Manzoor Ali Khan for Appellant. Niaz Ahmad Khan for the State. Date of hearing : 6th June, 1983. JUDGMENT JUSTICE SHAH ABDOR RASHID (CHAIRMAN).-The appellant, while posted as Head Telephone Operator at Khanpur Mehar Exchange was, on 26-10-1976, served with the following charge-sheet by the Divisional Engineer (Telegraph), Sukkur, who was the Authorised Officer, under the Government Servants (Efficiency and Discipline) Rules, 1973: "Whereas you Mr. Ghulam Qadir, H. T. O. Khanpur Mehar excessively charged an amount of Rs. 6,606.08 from Mr. Daya Ram, subscriber of Telephone No. 21 Khanpur Mehar as shown under, for the month of November, 1975­ (1) By making ordinary calls as urgent and increasing duration from 3 minutes to 6 minuses by tampering the T. C. Tickets by the Telephone Operator. ----Rs. 775.45 (2) By wrong booking the trunk calls against the telephone of the complainant by the T. O.------------------------------------------------------------------------------ Rs. 3,761.38 (3) O/W and I/W T. C. Tickets vary with each other which resulted wrong charges due to fault of T. O.------------------------------------------------------------Rs. 417.29 (4) Maturing time of several calls…

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