Law:

Section:

Civil service--- ---- Removal from service---Civil servant was dismissed from service on allegation that he was found having association with a company which was involved in smuggling of foreign whisky and V.C.Rs. in country under cover of import licence obtained for importing agricultural machinery and mill works--­All charges against civil servant except one that he was present in premises when smuggled goods were stored, pertained to period when accused was not civil servant as he was removed from service against which appeal was filed and he was re-instated in service---Only after two days of his re-instatement accused civil servant was found present at place where smuggled goods were stored---Accused civil servant could prove that he was present there as he was invited to dinner---Accused civil servant was associated with company involved in smuggling whisky and V.C.Rs. and though all other allegations pertained to period when he was not civil servant due to his removal from service, but allegation of presence at the spot pertained to period when because of his re­instatement in service, he was a civil servant---Though evidence of alleged smuggling against accused civil servant pertained to period when he was not in Government service, but his presence at spot was indication of fact that he had not delinked his association with that company and his presence there was not of an innocent person-: -Civil servant, in circumstances was rightly held guilty of misconduct---Civil servant, however, did not deserve punishment for whatever actions were imputed to him during period he was out of job, but at the same time he could not go scot free on account of his continuing association with company involved in smuggling when he was out of Government service--­Removal from service in circumstance-, would be sufficient---Order of dismissal from service of civil servant was modified to that of removal from service. Kanwar Mukhtar Ahmad for Appellant. Niaz Ahmad Khan, Standing Counsel for Respondents. Date of hearing: 29th April, 1992. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Mustafa Khan, who was Appraiser, Customs House, Karachi, was dismissed from…

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