Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-- ---R.4(b)(iv)--Misconduct--Civil servant dismissed from service for misconduct--Charge of tampering with documents to cover act of gross misconduct--Such tampering of record stated to have taken place when such documents were in custody of checking squad-­Circumstances under which fraudulent entry was made on documents not enquired into by authority--In absence of enquiry about circumstances under which tampering of record took place, benefit of doubt, held, must go to person charged of such accusation. (b) Government Servants (Efficiency and Discipline) Rules, 1973- --R.4(b)(iv)--Service Tribunals Act (LXX of 1973), S.4--Dismissa from service--Lack of even-handed treatment to other persons equally responsible for the act--Effect--Where other persons responsible for the same act of misconduct were treated leniently, Service Tribunal treating case of employee at par with those persons, awarded lesser penalty of stoppage of increments without cumulative effect, for a period of two years and set aside his dismissal from service. JUDGMENT CH.A. RAHMAN KHAN (MEMBER).--The appellant, S. Iftikhar Hussain, Ex-Appraiser, Collectorate of Customs (Preventive), Karachi, has come in appeal against the impugned order of his dismissal vide final Order No. 278-ACE.I/84, dated 5th September, 1984. The appellant preferred a departmental appeal to Respondent No.l but having received no reply within the statutory period of 90 days has come in appeal before the Tribunal. 2. The facts of the case are that the appellant joined the Custom House, Karachi as Examining Officer with effect from 9th September, 1967 and was later promoted as Appraiser with effect from 31st May, 1976. It was contended by the learned counsel for the appellant that he had rendered about 17 years of blotless service and performed his duties with diligence and hard work. However, on 15-1-1983, the appellant was served with a charge-sheet by Respondent No.2 which is reproduced below:- "GOVERNMENT OF PAKISTAN Confidential CENTRAL BOARD OF REVENUE Registered A/D C.No.4/8-82-ACE.I Islamabad, the 15th Jan.1983. CHARGE SHEET Whereas it has been reported…

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