Case Details

Citation(s)
1994 SLG 1036 1994 SLD 1036 1994 PLC 1738
Federal Service Tribunal, Islamabad
Appeals Nos. 124(K) of 1991 (New No. 62(K) of 1994), decision dated: 10-07-1994.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND NOOR MUHAMMAD MAGSI, MEMBER

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NASIR ALI

VS

CHIEF SECURITY OFFICER, AIRPORT SECURITY FORCE, KARACHI

Law:

Section:

Civil service------- Removal from service---Civil servant was removed from service on allegation of theft---Charge of theft had been admitted by civil servant in his reply submitted by him to the charge-sheet---Said charge was also inquired into at regular inquiry conducted by Security Officer as Inquiry Officer who examined civil servant and other witnesses and charge against civil servant was fully proved---When there were admitted facts and there was clear admission of charge by accused official, no necessity existed for holding regular inquiry and summary procedure could be resorted to in such cases and any legal infirmity in the inquiry proceedings would not absolve accused official of the charge---Civil servant contended that it was a small matter as only six litres of kerosene oil was stolen by civil servant for which civil servant had been removed from service---Held, it was immaterial whether it was a matter of penny or thousands of rupees, but it was a case of theft and civil servant was caught red-handed---Civil servant in circumstances, was not, entitled to any concession in quantum of punishment---Appeal against order of removal which otherwise was time-barred, was dismissed. S. Riaz Haider for Appellant. Javed Akhtar, Security Officer (Law) for Respondent: Date of hearing: 7th July, 1994. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER): --Appellant Mr. Nasir Ali joined service under the respondent as M.T. Civil Driver in July, 1983. He was served with a charge-sheet on 10th March, 1991, containing the following charge: "On 25th February, 1991 at about 02-55 hours, you were caught red­ handed by Mr. Fida Hussain, PIAC Security Staff, while stealing kerosene oil from a drum, PIAC property lying near Bay No. 9, Karachi Airport and stolen 6 litres kerosene oil was confiscated by Security Officer Khan Muhammad Pario `D' Coy Commander ASF, Karachi Airport." The appellant submitted his reply on 11-9-1991 in which he admitted the charge and requested for pardon. Inquiry was conducted into the charge and the appellant was held guilty of the charge, whereafter the competent authority passed the impugned order dated 25th March, 1991 where under the services of the…
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