Law:

Section:

Civil service­ --Disciplinary action-Bona fide of - Charge-sheet served and Enquiry Officer appointed-Enquiry Officer holding one sitting and then enquiry not further progressing-Another improved charge­ sheet on same facts served and other Enquiry Officer appointed Loss of original case file stated to be ground for service of second charge-sheet - N o evidence except tape-recorded conversation allegedly amongst accused and another official produced during enquiry-Tribunal, in circumstances, feeling doubt as to bona fide of department-Penalty of dismissal from service on basis of dubious tape-recorded conversation without corroborative evidence establishing guilt of accused, in circum­ stances, held, not sustainable-Appellant accused) in circumstances exonerated of the charge and re-instated with full back benefits­ Service Tribunals Act (LXX of 1973), S. 4. Ali Amjad for Appellant. Niaz Ahmad Khan, State Counsel for Respondents. Date of hearing: 21st January, 1984. JUDGMENT ABDUR RASHID (MEMBER).-While employed as Sub-Postmaster, Jehangir Road, Karachi, the appellant was charge-sheeted on 3rd January, 1981 as under "The Divisional Engineer Phones, Trunk Inland Dn. Karachi under his letter No. Q-51I /OBS/2, dated 22nd July, 1980 made a report to the P. M. G., Karachi that the official handling the P. C. O. at Jehangir Road P. O. was involved in malpractices of passing free calls in collaboration with the operators of Trunk inland Dn. Karachi. The D. E. Phones tape-recorded the speech of the S. P. M. Jehangir Road and a Lady Telephone Operator on 13th July, 1980, which started at 14-50 hrs and ended at 15-30 hrs. (40 minutes) in connection with fixing the share of money realised from the public of free trunk calls, manner of its collection by the Lady Telephone Operator and other matters. Mr. Muhammad Ahmed Warsi, was the S. P. M., Jehangir Road P. O. on 13th July, 1980 and had been handling the P. C. O. Mr. Muhammad Ahmed Warsi, S. P. M., Jehangir Road (under suspension) service more than 16 years and pay Rs. 335 is therefore, charged for: - (i) Misconduct- and is called upon to show-cause within 10 days of the receipt of this memo, as to why the penalty of…

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