| Citation(s) |
|---|
| 1991 SLG 1938 1991 SLD 1938 1991 PLC 293 |
Federal Service Tribunal, Islamabad
Appeal No. 56(K) of 1985, decided on 14th June, 1989. dates of hearing: 27th and 29th March, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN AND SALAHUDDIN CHAUDHRY, MEMBER
Manzoor Ali Khan for Appellant. Niaz Ahmad Khan for
Respondents.
Appeal No. 56(K) of 1985, decided on 14th June, 1989. dates of hearing: 27th and 29th March, 1989.
SYED ALLY MADAD SHAH, CHAIRMAN AND SALAHUDDIN CHAUDHRY, MEMBER
Manzoor Ali Khan for Appellant. Niaz Ahmad Khan for
Respondents.
MUHAMMAD ARSHAD JAWAID
VS
POSTMASTER, KARACHI and 2 others MUHAMMAD ARSHAD JAWAID vs POSTMASTER, KARACHI and 2 others
Law:
Section:
Service Tribunals Act (LXX of 1973)------S. 4(1)(a)---Appeal---Departmental remedy---Remedy of departmental appeal not availed of by appellant against order of his dismissal from service---Appeal before Service Tribunal, held was not competent. JUDGMENT SALAHUDDIN CHAUDHRI (MEMBER).--This ?appeal was filed on 9-5-1985 by Muhammad Arshad Jawaid, Clerk, Al-Haidry Head Post Office, Karachi. He had been earlier dismissed front service on the charges of misconduct and inefficiency having been found guilty on the allegation of fraudulently encashing Defence Savings Certificates of the face value of Rs. 7,500. 2. The origin of the dispute dates back to the year 1970. During that year the appellant was posted as Sub-Postmaster, Firdous Colony Post Office, Karachi. One Mr. Mahrukh Mirza, a School Teacher, resided in a building just opposite the said Post Office. He had been purchasing and encashing Defence Savings Certificates from this Post Office and had thus some familiarity with the staff working there. In October, 1970 while Mahrukh Mirza was posted as Headmaster in a school at Dokri (Sindh) he wanted to get encashed four Defence Savings Certificates of the total face value of Rs.7,500 which he had earlier purchased from Firdous Colony Post Office, Karachi. In this connection he approached Sub-Postmaster, Dokri Post Office, Mr. Muzharullah Khan Suri. Under the Post Office procedure. Defence Savings Certificates in those days could be encashed only from the post office from where these had been purchased. In view of that the said Sub-Postmaster, Dokri advised Mahrukh Mirza to get the authority to encash these certificates transferred from Firdous Colony Post Office, Karachi, to Dokri Post Office. Accepting this advice the holder of the Certificates signed the transfer application and handed it over along with the four Defence Savings Certificates in original to the Sub-Postmaster, Dokri and obtained from him a receipt (RP-5) with the numbers of the Defence Savings Certificates noted thereon as an acknowledgement. The Sub-Postmaster, Dokri, is said to have mailed the transfer application and the Defence Saving Certificates (not carrying the signatures of the holder)…
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