Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3 5---Service Tribunals Act (LXX of 1973), S.4---Imposition of penalty of compulsory retirement---Appeal to Service Tribunal---Major penalty of compulsory retirement was imposed on appellant after issuing him show-cause notice and holding inquiry against him on charges of negligence/inefficiency---Inquiry Officer found that appellant was negligent in the performance of his duties on the dates when incidents of illegal immigration took place---Inquiry Officer further found that appellant was required to be vigilant and that he had failed to come up to the requirements of such vigilance---Inquiry Officer, however, had mentioned that none of the witnesses had attributed any ulterior motive on the part of appellant; or that appellant had made any financial gain---Inquiry Officer had clearly mentioned in his findings that appellant could be held responsible for negligence and inefficiency and that no mense rea was on his part---Inquiry Officer, in circumstances recommended to the Competent Authority that appellant could be awarded any of the minor penalties under the Removal from Service (Special Powers) Ordinance, 2000-Validity-None of the prosecution witnesses had attributed ulterior motive or any motive of obtaining monetary benefit on the part of appellant---Imposition of major penalty of compulsory retirement from service was harsh---Punishment of compulsory retirement, was directed to be reduced to that of reduction in rank from Sub-Inspector (S.-I.) to Assistant Sub-Inspector (A.S-I.) for a period of three years---Appellant was ordered to be reinstated in service from the date of compulsory retirement. JUDGMENT MUHAMMAD JAVED ASHRAF HUSSAIN (MEMBER).---This is an appeal under section 4 of the Service Tribunals Act, 1973 against the impugned order dated 17-5-2006 despatched from the office of the Director, F.I.A., Karachi Zone, Karachi, vide letter, dated 29-5-2006 and received by the appellant on 3-6-2006 whereby the major penalty of compulsory retirement has been imposed upon the appellant under the Removal from Service (Special Powers) Ordinance, 2000. The appellant preferred a…

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