Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-­----Rr. 4 & 6---Penalty of withholding of an increment---Imposition--­Railway employee---Penalty of withholding of an increment temporarily for two years was imposed on civil servants on allegations that they failed to attend control phone with regard to movement of train---Penalties were imposed on employees without any charge and even without observing proper procedure---Same officer had acted against civil servants as Enquiry Officer, Authorised Officer and the Authority---Enquiry against employees was held without their association and the preliminary enquiry report was prepared without any evidence or presence of employees and same was considered to be the ultimate truth and the summary procedure was adopted whereas the dispute about the question of fact demanded holding of regular enquiry---Original and appellate orders of imposition of penalty of withholding of increment temporarily for two years, were set aside with cost, in circumstances. Zafar Javed Durrani for Appellants. M. Yousaf Chaudhry for Pakistan Railways alongwith Azizur Rehman, Steno as D.R. Date of hearing: 13th January, 1998. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---This judgment will also dispose of a connected Appeal No. 325(P) of 1997 as the main issues are identical in nature. 2. The appellant, Hidayatullah, (Appeal No. 324(P) of 1997) was working as Station Master, Railways Station, Peshawar City, and the appellant, Juma Said (Appeal No. 325(P) of 1997) was serving as Assistant Station Master, Pakistan Railways Station, Jahangira, when an occurrence took place on the night between 11-10-1995 and 12-10-1995. A goods train 0012 DN admittedly arrived at Peshawar Railways Station at 2355 firs. Five minutes thereafter the appellant, Hidayatullah, commenced his duty which was from 0000 firs to 0800 firs. The Assistant Station Master, previously on duty during 1600 firs to 2400 firs, had instructed the appellant, Hidayatullah, for attaching eight loaded wagons in compliance with the Control Phone Messages Nos. 11, 12 and 13. The said appellant admittedly was in close contact with the Control Office till the departure of the…

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