| Citation(s) |
|---|
| 1994 SLG 1020 1994 SLD 1020 1994 PLC 1665 |
Federal Service Tribunal, Islamabad
Appeal No.7(R) 0 1994, decision dated: 11-07-1994.
MUHAMMAD ILYAS LODHI AND NOOR MUHAMMAD MAGSI, MEMBERS
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Appeal No.7(R) 0 1994, decision dated: 11-07-1994.
MUHAMMAD ILYAS LODHI AND NOOR MUHAMMAD MAGSI, MEMBERS
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AMJAD PERVEZ BUTT
VS
SECRETARY, MINISTRY OF INTERIOR and another
Law:
Section:
Civil service------- Removal from service---Reinstatement---Civil servant was removed from service on ground of misconduct and charges of corruption---Allegation against civil servant was that he supplied drug which he recovered from a foreign national during raid on drug dealer---Charge against civil servant was of general nature and also was not proved against him---inquiry Officer while discussing allegations against civil servant was not able to prove inefficiency and alleged misconduct of civil servant---Department could not produce any warning ever given to civil servant to the effect that he failed to perform his official duties or avoided td} take responsibility of raiding some Drug trafficker--.-Charge of corruption, had also not been proved against civil servant---In the eye of law to punish the individual merely on observation, was not sustainable without having any documentary support---Civil servant though had not been held directly responsible for misconduct and corruption, but he was careless by not depositing recovered drug on some date with Police Malkhana---Civil servant was reinstated in service with stoppage of three increments without cumulative effect in circumstances. F.E. Siddiqi for Appellant. Javaid Aziz Sandhu, Standing Counsel for Respondents. Date of hearing: 9th May, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---The appellant, Amjad Pervez Butt, is aggrieved by the order, dated 6-5-1993 whereby he was removed from service. 2. Briefly, the facts of the case are that on 31-12-1991, the appellant conducted raid on Tanzanian national and recovered 400 grams heroine. An F.I.R. was lodged against foreign national in the Police Station Pirwadahi. The case property weighing 400 grams was kept by the appellant in Almirah under lock and key at the JNTF Unit, Rawalpindi. On 8-1-1992, the appellant reported that the said heroine had been stolen from the Almirah, and an F.I.R. to this fact against Mr. Bashir Anjum and others was lodged in Police Station (which was sole cause of the proceedings taken against the appellant). Meanwhile Mr. Bashir Anjum raided the famous culprits Mr. Sarwar, Drug Dealer alias Sarwari (on statement in the Police…
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