Case Details

Citation(s)
1995 SLG 1526 1995 SLD 1526 1995 PLC 954
Federal Service Tribunal, Islamabad
Appeal o. 219(L) of 199, decided on 23rd April, 1995.
MUHAMMAD ISMAIL AND NOOR MUHAMMAD MAGSI, MEMBERS

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GULZAR AHMED

VS

SECRETARY, INTERIOR DIVISION, ISLAMABAD and 2 others

Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 2, 4 & 5---Dismissal from service---Civil servant working as District Registrar of District Registration Office, was awarded major penalty of dismissal from service after serving him charge-sheet and holding enquiry against him on charge of certain irregularities and inefficiency amounting to misconduct---Charge framed against civil servant was that he, in collaboration of his staff, booked application forms in bulk and issued Identity Cards un-authorisedly during Local Bodies Election---Regular enquiry was held into charges against civil servant and defence taken by civil servant throughout was that alleged irregularities happened due to rush of work, shortage of staff and political pressure---Nothing was on record to show that civil servant had issued bogus Identity Cards or had derived undue monetary gain and it was also not case of Authorities that civil servant had any such motive---Contention of civil servant that it was due to shortage of staff and circumstances prevailing at relevant time, appeared to be reasonable---Civil servant was not the only person who was proceeded departmentally, but other members of staff who were connected with same charge as against civil servant, were also proceeded, but were awarded lenient punishment of censure and in some cases reduction of pay by one or two stages in time scale, while civil servant was awarded punishment of dismissal from service which was clear discrimination in his case, especially when he was punished on statements of co-accused---Civil servant had a long service of 22 years at his credit, but nothing was found adverse against him prior to incident on basis of which he was dismissed from service---Discriminatory treatment having been meted out to civil servant, order of his dismissal from service was set aside and instead penalty of reduction of pay by 5 stages in time scale for a period of two years without cumulative effect was imposed upon him. Mian Mahmood Hussain for Appellant. Muhammad Tufail Tariq, Assistant Director, Regional Registration Office, Lahore and Zakaullah Jan, Section Officer, Establishment Division for…
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