Case Details

Citation(s)
1997 SLG 844 1997 SLD 844 1997 PLC 525
Federal Service Tribunal, Islamabad
Appeal No. 323(L) of 1996, decision dated: 7-01-1997.
ROSHAN ALI MANGI AND NASIM SABIR SYED, MEMBERS

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MUHAMMAD BOOTA

VS

PAKISTAN RAILWAY POLICE through I.G. Railway Police, Headquarters, Lahore and 3 others

Law:

Section:

(a) Railway Servants (Efficiency and Discipline) Rules, 1961R. 4Service Tribunals Act (LXX of 1973), S. 4Railway employee­Charge of misconductSubmission of bogus and fake educational certificate for getting employmentDismissal of employee after inquiry and show­ cause noticeValidityRegular inquiry was ordered and conducted against employee wherein he was found guiltyFinal showcause notice was issued to employee and he was also afforded opportunity to appear before Competent Authority but he failed to satisfy Competent AuthorityOffence of cheating Administration Committee by employee was highly objectionable and warranted major .penalty which was imposed on himEmployee's dismissal from service was in accordance with prescribed rules and such punishment was rightly awarded to him. (b) Railway Servants (Efficiency and Discipline) Rules, 1961 R. 4Service Tribunals Act (LXX of 1973), S. 4Timebarred appeal filed before Service TribunalDismissal of employee for misconduct­Impugned order was passed on 2961996Employee filed departmental appeal on 971996 which was rejected on 2471996Appeal before Service Tribunal was filed on 4111996Employee could have approached Service Tribunal within 30 days of date of rejection of his appeal i.e. 2471996­Delay in filing appeal before Service Tribunal was of 2 months and 22 daysReview application filed by him before Departmental Authority would not extend period of limitationAppeal being barred by time as also failing on merits, was dismissed in circumstances. Hafiz Tariq Nasim for Appellant. Mian Fida Hussain for Respondents. Muhammad Saeed, U.D.C. Office of S.P., Railway Police, Lahore as D.R. Date of hearing: 22nd December, 1996. JUDGMENT ROSHAN ALI MANGI (MEMBER).Appellant Muhammad Boota, a matriculate joined the Watch and Ward Chowkidar on 21101980. Later on, that department was merged into Pakistan Railways Police and his service was placed at the disposal of the Railway Police with re-designation as Constable. 2. The appellant allegedly, on the instigation of one Salamat Baig, with whom, he had family dispute was chargesheeted on 2341996. To which the appellant replied on 2451996 denying the allegation. One Mr. Muhammad Yousaf…
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