Law:

Section:

Civil service-------Misconduct---Removal from service---Civil servant serving as a Dresser (B-8) in Pakistan Institute of Medical Sciences was imposed major penalty of removal from service with immediate effect on grounds of committing acts prejudicial to good conduct and service discipline and unbecoming of an official---Allegation against civil servant was that he misbehaved with a lady patient in dressing room---Show-cause notice was issued to civil servant -to which he replied---Fact finding Committee, duly constituted to look into the matter, found civil servant guilty of gross misconduct---Perusal of statement made by civil servant had revealed that he had confessed his guilt in so many words and had apologised to affected persons---Civil servant who was found guilty of offence, held, was rightly removed from service for his action which fell within ambit of misconduct. 1995 MLD 1073 ref. Ijaz Hussain Shah for Appellant. Khalid Abbas Khan for Respondents. Date of hearing: 29th December, 1996. JUDGMENT ROSHAN ALI MANGI (MEMBER).---The appellant Muhammad Khalid, while he was serving as a Dresser (B-8) in the Pakistan Institution of Medical Sciences, Islamabad, was imposed major penalty of removal from service with immediate effect, on the grounds of committing acts prejudicial to good conduct and service discipline and unbecoming of an official, which come within the E&D Rules, 1973 as well as PIMS Service Regulation, 1990, vide impugned order, dated 26-1-1995. The appellant preferred departmental appeal on 21-2-1995 which was rejected on 4-4-1995. 2. Being aggrieved by the said impugned order the appellant before the Senior Civil Judge, Islamabad on the understanding that the said Institute being then governed under the Ordinance, its employees, including the appellant was not a civil servant, But the Federal Government vide its Notification, dated 4-11-1996 has made the Institute an attached department of the Ministry of Health. The appellant, therefore, withdrew his case from the Civil Court and filed this appeal before the Honourable Tribunal on 20-11-1996. 3. It is stated that one Mr. Muhammad Hassan lodged a complaint to the authority that during…

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