Case Details

Citation(s)
1993 SLG 1194 1993 SLD 1194 1993 PLC 184
Federal Service Tribunal, Islamabad
Appeal No. 248(L) of 1988, decided on 31st October, 1991.
MISBAH ULLAH KHAN AND CH. HASSAN NAWAZ, MEMBERS

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MUHAMMAD NAZIR CHAUDHRY

VS

GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 5 others

Law:

Section:

Civil services--- --Penalty of censure---Major charges on basis of which penalty of censure vas imposed on civil servant, were that he was found to have committed Curious breach of discipline in sanctioning large number of telephones in total disregard of waiting list while working as Divisional Engineer Phones and that he gave telephone connection, to junior applicants while he ignored many others who were senior to them---Civil servant, admittedly was Chairman of Board, duly constituted for sanctioning of new telephone connections---Even if any irregularity was committed in sanctioning telephones, responsibility was collectively that of Board and not of civil servant alone who acted as its Chairman---Charge-sheet fixing responsibility of alleged irregularity on civil servant alone, was not in order as it suffered from a very serious defect---Basic difference between decision of an individual and that of a Board would be that decision of Board not only divided responsibility, but also would mitigate rigour of offence and would take away element of arbitrariness from an act--­Charge-sheet and statement of allegations against civil servant suffered from inherent defects---Charge-sheet against civil servant apart from being defective, was in general terms and did not give a true picture of what civil servant was alleged to have done---Civil servant admittedly was not afforded opportunity to explain his position---Disciplinary proceedings against civil servant had resulted in miscarriage of justice, especially when allegation made in charge-sheet against civil servant had been found by Inquiry Officer to be factually incorrect---Nothing existed either in Inquiry Officer's report or in any other document to establish that civil servant had been guilty of charges against him---Order imposing penalty of censure on civil servant thus could not sustain. Dr. Khalid Ranjha for Appellant. Hafiz Tariq Naseem for Respondents. Date of hearing: 24th October, 1991. JUDGMENT CH. HASAN NAWAZ (MEMBER).---Minor penalty of `censure' was imposed against the appellant, serving as Divisional Engineer, Inspection (Phones), Central Telecommunication Region, Lahore, by Secretary,…
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