Law:

Section:

Civil service--- ---- Removal from service---Civil servant who was sepoy in office of Collectorate of Customs, was removed from service after holding enquiry on allegation that at relevant time he alongwith his Officer-in-Charge was found absent from duty---Officer-in-Charge of civil servant who was charge-sheeted on same charge was exonerated on his appeal by Competent Authority--­Officer with whom civil servant was attached having been exonerated, civil servant, also deserved same treatment---Service Tribunal set aside order of removal of service, against civil servant and ordered his re-instatement with all back benefits. Appellant in person. Tausif.Ahmad, Assistant Collector (Law), Rawalpindi, D.R. Date of hearing: 20th October, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER): --The appellant, Sher Bahadur, Sepoy, in the Office of Collectorate of Customs, CE&ST, Rawalpindi, has come in appeal against the impugned order dated 15-6-1994, whereby he was removed from service. He made a departmental appeal on 26-6-1994 against the impugned order which was rejected by the appellate authority on 25-7-1994. He then came to the Tribunal with the present appeal under section 4 of the Service Tribunals Act, 1973, on 23-8-1994 with the following prayer: "That the record of the case may- be summoned and both the impugned orders may be set aside and the appellant be reinstated in service with all back benefits. If the learned Tribunal comes to its own conclusion that some fault is attributable to the appellant he may be awarded the most minor penalty in any case less than that awarded to the Deputy Superintendent." 2. The case of the appellant is that the Collector of Customs paid a surprise visit to the Coca-Cola Factory at about 14-30 hours and found Deputy Superintendent and sepoy absent from duty. They were charge-sheeted and disciplinary proceedings were conducted against both of them under the Government Servants (Efficiency and Discipline) Rules, 1973 and a major penalty of removal from service was imposed upon the appellant with effect from 15-6-1994. 3. The appellant has pleaded that his Officer-in-Charge with whom he was attached was given major penalty of…

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