Case Details

Citation(s)
1984 SLG 1123 1984 SLD 1123 1984 PLC 366
Federal Service Tribunal, Islamabad
Appeal No. 169 (R) of 1981, decided on, 2nd January, 1984.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN, A. O. RAZIUR RAHMAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS

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NIAZ HUSSAIN

VS

Law:

Section:

Service Tribunals Act (LXX of 1973). --S, 4-- Disciplinary action-Quantum of punishment-Officer while working in Foreign Mission Office charged for various acts of omission and commission - Departmental enquiry held behind his back and evidence not recorded in his presence-­Tribunal observing that such enquiry was a nullity in law and fraud on the statute and Tribunal itself going into each charge itself-Some of charges based upon old incidents previously dealt with and closed-Inclusion of such charges in fresh charge-sheet, in circumstances, held, malicious-None of the charges found established except one of forging signatures of competent officer on a passport-Accused himself admitting same and apologising for it on grounds of being new to such duty-Circum­stances indicating that such act committed without any ulterior motive and being motivated by desire to help and deal expediti­ously cases in compliance with Government Orders and that such act of accused coming to notice of competent officer who took responsibility for same by signing passport issuance register in token thereof-Penalty of dismissal from service, in circumstances, altered to that of reduction in time scale by three stages with cumulative effect and without back benefits on reinstatement. Appellant in person. S. M. Shahudul Haque and Ghulam Rasool for Respondents. Date of hearing: 19th July, 1983. JUDGMENT ABDUR RASHID (MEMBER).-The admitted and relevant facts in this case are that the appellant while posted as Cypher Assistant in Pakistan Embassy at Vienna, Austria, was charge-sheeted on l0th December, 1980. The charge-sheet together with the statement of allegations is reproduced. Charge-sheet:----Mr. Niaz Hussain, Additional Assistant in the Embassy of Pakistan, Vienna, are hereby charged with the following acts of misconduct under clause (b) of Rule 3 of the Government Servants (Efficiency and Discipline) Rules, 1973 (1) Refusal to obey official orders. (2) Obstructing official work. (3) Discourtesy towards officers and members of the public. (4) Forging the signature of an officer. (5) Lack of security of the diplomatic bag and its papers. (6) Unauthorized removal and encashment of an…
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