Law:

Section:

. Service Tribunals Act (LXX of 1973)-- ---S. 4--Misconduct- Compulsory retirement--Regular departmental inquiry resulting in acquittal of civil servant from charge of misconduct--Chairman of Establishment disagreeing with resulting acquittal again constituting one man Inquiry Officer and on receipt of his report compulsorily retiring civil servant--Other evidence being unsatisfactory, Inquiry Officer basing his report on evidence of Court witness--Court-witness, giving evidence generally of his personal assumptions and assertions which failed to prove major points at issue-In absence of at least satisfactory evidence which should go to prove charges against civil servant, conclusions of one-man Inquiry Committee, held, could not be accepted without reservation--In evidence of Court­ witness there being many doubts which needed clarification it would be in the interest of fair play and justice that evidence of Court-witness only should not be made basis of proving allegations against civil servant--Service Tribunal while accepting appeal re-instated civil servant and period for which such civil servant remained out of service was treated as leave extraordinary without pay. Ch. Mushtaq Masood for Appellant. Syed Iftikhar Ahmad Shah for Respondents. Date of hearing: 1st July, 1986. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--The appellant Mr. Khurshid Ahmad, Ex-Project Director, SCARP Construction Circle, Faisalabad has come in appeal against his compulsory retirement vide impugned Order No. WW-ADMN-INQ(96506)-16/79-E-111/10065, dated 21-12-1982. 2. The facts and general circumstances of this case are similar to Appeal No. 66(L) of 1983--Syed Murtaza Shah v. WAPDA. 3. The appellant had gone out of country for performance of Haj and charge of the post was handed over to Syed Murtaza Shah, the then Chief Engineer (Water), WAPDA. During his absence an estimate under the caption "The remaining works of Budhi Nala Outfall Drain" was sanctioned by Syed Murtaza Shah, on 1-12-1977. When he had left for Haj, the work of construction of Budhi Nala Outfall Drain which was awarded to M . C. P. had been suspended after completing the excavation part since long. The remaining work…

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