Case Details

Citation(s)
1993 SLG 1442 1993 SLD 1442 1993 PLC 662
Federal Service Tribunal, Islamabad
Appeal No. 228(L) of 1984, decided on 31st January, 1993.
CH. HASAN NAWAZ AND MUHAMMAD ISMAIL, MEMBERS

CH. AFTAB AHMADvsGENERAL MANAGER (PLANNING), PLANNING. DIVISION, WAPDA, WAPDA HOUSE LAHORE and another

Law:

Section:

Civil service--- ---- Dismissal from service---Employee was dismissed from service on serious allegation of embezzlement of public money---Employee was duly charge sheeted and enquiry was held against him in accordance with law---No procedural defect appeared to have been made in conduct of enquiry and all requirements of relevant rules were observed by Inquiry Officer during his proceedings---Nothing was on record to show that employee was not given adequate opportunity to defend himself---Employee failed to establish that Inquiry Officer was biased or interested against him---No miscarriage of justice had come about in case---Allegation on basis of which employee was dismissed having been substantiated, order of his dismissal, could not be challenged. 1983 SCMR 769 and PLD 1973 Lah. 188 ref. Mian Mahmood Hussain for Appellant. Ch. Ghulam Hasan Gulshan for Respondents Date of hearing: 27th January, 1993 JUDGMENT CH. HASAN NAWAZ (MEMBER): --We are concerned in this judgment with the disposal of an appeal under section 4 of the Service Tribunals Act, 1973 filed by the appellant, an erstwhile Senior Engineer in the respondents' service, after fulfillment of statutory requirements in the background of the following facts. 2. The appellant was served with the charge-sheet dated 9-6-1983 (Annexure H) which was accompanied by a statement of allegations (Annexure K). In response he submitted his explanation dated 30-6-1983 (Annexure E) where the correctness of all the allegations was denied. 3. By office order dated 18-7-1983, Col. Retd. BA. Kaif, Director (Inquiries) WAPDA was appointed as an Inquiry Officer to enquire into the charges levelled against the appellant and Mr. Muhammad Aslam, Senior Engineer who had succeeded the appellant as Executive Engineer, Dams Investigations Division. After inquiry he submitted his report to the competent authority on 29-10-1983 (Annexure P). This was followed by service of a final show-cause notice dated 2-11-1983 (Annexure O), which said that on consideration of relevant material and the report of the Inquiry Officer, the competent authority was of the tentative opinion that the penalty of dismissal from service should be…
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