| Citation(s) |
|---|
| 1997 SLG 958 1997 SLD 958 1997 PLC 763 |
Federal Service Tribunal, Islamabad
Appeal No. 204(R) of 1996, decision dated: 10-07-1996.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND MUHAMMAD RAZA KHAN, MEMBER
Raja Muhammad Asghar Khan for Appellant. Khalid Abbas Khan, Federal Counsel alongwith M. Zaheer, Assistant Excise and Taxation Department for
Respondent. '
Appeal No. 204(R) of 1996, decision dated: 10-07-1996.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND MUHAMMAD RAZA KHAN, MEMBER
Raja Muhammad Asghar Khan for Appellant. Khalid Abbas Khan, Federal Counsel alongwith M. Zaheer, Assistant Excise and Taxation Department for
Respondent. '
MUHAMMAD TARIQ YAHYA
VS
DEPUTY COMMISSIONER/DIRECTOR GENERAL, EXCISE AND TAXATION, ISLAMABAD and 2 others
Law:
Section:
Government Servants (Efficiency and Discipline) Rules, 1973R. 4Termination of serviceCompetent Authority terminated service: of civil servant after serving on him final showcause notice and holding regular enquiry against him on charges of misplacing office files and making unauthorised entries in the recordCivil servant was also debarred from future employment under Government or semiGovernment organisationsAllegations levelled against civil servant having been fully proved in regular enquiry against him, his services were rightly terminatedUnder R. 4 of Government Servants (Efficiency and Discipline) Rules, 1973 minor and major penalties had been defined, but termination from service was not a punishment provided in those. RulesSince whole proceedings had been taken against civil servant under R. 4 of Government Servants (Efficiency and Discipline) Rules, ' 1973 order debarring civil servant from future employment under Government and semiGovernment organisation, suffered from legal infirmityOrder of termination of service was maintained, but order debarring civil servant from future service was set aside. 1985 PLC (C.S.) 478; 1986 PLC (C.S.) 812 and 1989 PLC (C.S.) 407 ref. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). Appellant, Mr. Muhammad, Tariq Yahya, was working as Stenotypist, in the Office of the Excise and Taxation Department, Islamabad Capital Territory (ICT). The disciplinary proceedings were initiated against him and after observing all the formalities, his services were terminated by order dated 13121995. Being aggrieved, he filed departmental appeal, having received no reply he has now come before this Tribunal under section 4 of the Service Tribunals Act, 1973. 2. Mr. Raja Muhammad Asghar Khan, Advocate appeared for the appellant and argued that the charges against the appellant are vague and not proved as there was no documentary evidence against him. It is submitted that the services of the appellant have been terminated but under the E D Rules, 1973, termination is not a penalty and the order is illegal. He has referred to 1985 PLC (C.S.) 478; 1986 PLC (C.S.) 812 and 1989 PLC (C.S.) 407. Therefore, this order is bad in law and may be set…
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