Law:

Section:

(On Appeal from the of Federal Service Tribunal dated 17-2-1993 passed in Appeal No. 127(L)/92). Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service for misconduct---Recovery of contraband drugs from the possession of civil servant for which allegedly he could not offer plausible explanation---Evidence on record prima facie showed that civil servant's contention that such contraband drugs were kept in his office with the knowledge and consent of Regional Director as part of duty of civil servant was not denied in evidence against civil servant---Leave to appeal was granted to determine whether in such state of evidence, Service Tribunal was justified in holding that charges levelled against civil servant stood proved. Mr. Aqil, Advocate-on-Record and Mahmood A. Qureshi, Advocate­-on-Record for Petitioner. Nemo for Respondents Date of hearing: 31st May, 1994 ORDER SAIDUZZAMAN SIDDIQUI, J: --The petitioner through this petition has called in question the order of Federal Service Tribunal dated 17-2-1993. The petitioner was working as Field Investigating Officer with the Pakistan Narcotics Control Board (P.N.C.B.) when he was dismissed from service on 13-1-1992. He was proceeded departmentally under the Government Servants (Efficiency and Discipline) Rules, 1973 (hereinafter to be referred as `the Rules'). He was charged with the allegations that during a raid of P.N.C.B. Regional Directorate, Lahore by the Director (Intelligence) 28,500 1Kgs Hashish and 375 grams of heroin was found in possession of the petitioner, for which he could not offer any plausible explanation. It was also found that an amount of Rs.27,931 was lying with the petitioner which was not accounted for. It was also charged that the drugs which were recovered from him were kept in an Almirah without a seal and mention of F.I.R. number instead of depositing the same in Malkhana. He was finally charged to be a member of the gang of P.N.C.B. who were receiving bribe money from the drug-dealers/barons at Lahore. In the enquiry report he was found guilty of the charges and was accordingly served with a final…

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