| Citation(s) |
|---|
| 1987 SLG 690 1987 SLD 690 1987 SCMR 1774 |
Supreme Court of Pakistan
Civil Appeal No.97-K of 1986, decision dated: 8-04-1987. On appeal from the judgment and order of the Federal Service Tribunal, Karachi, in A.No.31-K/83, dated 12-5-1985
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Appellant in person. Anwar A. Quadri, Advocate-on-Record for
Respondents
Civil Appeal No.97-K of 1986, decision dated: 8-04-1987. On appeal from the judgment and order of the Federal Service Tribunal, Karachi, in A.No.31-K/83, dated 12-5-1985
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Appellant in person. Anwar A. Quadri, Advocate-on-Record for
Respondents
Syed SHARAFAT ALI NADEEM
VS
FEDERAL SERVICE TRIBUNAL and others
Law:
Section:
(a) Civil Servants (Efficiency and Discipline) Rules, 1973----- R. 6--Constitution of Pakistan (1973), Art. 212(3)--Leave to appeal was granted to examine submissions inter alia, that the departmental enquiry held against appellant was vitiated for the reason that charge-sheet and statement of allegations were not drawn and served on appellant as required by R.6, Government Servants (Efficiency and Discipline) Rules, 1973. (b) Civil Servants (Efficiency and Discipline) Rules, 1973-- ---S. 6-- Service Tribunals Act (LXX of 1973), S. 4--Removal from service--Not only there was failure of service of show-cause notice and non-supply of statement of allegations but petitioner was not even supplied with copy of inquiry report and recommendation of Inquiry Officer--Submission of appellant found to have force that rule laid down in PLD 1981 S C 176 had not been followed--Service Tribunal, held, should have allowed the appeal and set aside order of appellant's removal from service leaving it open to relevant authorities to proceed with departmental proceedings against appellant from the stage of first error in proceedings--Appeal allowed and order of appellant's removal from service set aside. Mir Mohammad v. Government of N.-W.F.P. P L D 1981 S C 176 ref. JUDGMENT ABDUL KADIR SHAIKH, J.--This appeal by leave is directed against the judgment of Federal Service Tribunal dated 12-5-1983 by which an appeal filed by appellant was dismissed and the order of his dismissal from service passed after departmental enquiry conducted against him was upheld. The facts briefly stated are that while appellant was posted at Sariab Check Post, Quetta as an Inspector in the Collectorate of Central Excise and Land Customs, a notice dated 28-9-1983 was issued to him to show-cause why a major penalty may not be imposed on him for certain misconduct. After appellant made a reply to the show-cause notice he was served with another notice dated 19-10-1977 by way of an amendment of the first show-cause notice. Appellant furnished a supplementary explanation on 25-10-1977 which was not found satisfactory, and he was removed from service by the order, dated 25-10-1977. Appellant's appeal against…
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