Case Details

Citation(s)
2004 SLG 1490 2004 SLD 1490 2004 PLC 396
Federal Service Tribunal, Islamabad
Appeal No. 175(K)(C.S.) of 2001, decision dated: 10-07-2003 .
AKBAR M. MEMON AND BARKAT ALI BALOCH, MEMBERS

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ENGINEER MUHAMMAD AHMED ABRO

VS

CHAIRMAN, NATIONAL HIGHWAY AUTHORITY and others

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)------S.3(1)(c)---Removal from service---Civil servant was removed from service on allegation of misconduct---Civil servant, who was working as Assistant Director (Engineering) on direction of Deputy Director rushed to site and recorded measurement of bridge as per direction---As it was dark hour of night and though civil servant recorded measurement fairly, but later on after re-measurement, it transpired that measurement taken by the civil servant was in excess due to which the contractor was paid excess amount---Civil servant reported his mistake of recording excess measurement to the Deputy Director who took a decision that excess amount, collected by the contractor for excess measurement be deducted from his other pending bills---Authorities, in circumstances,' did not suffer any financial loss at the hands of civil servant and civil servant was not found involved in corruption or misappropriation ---Co-civil servant was also issued the same show-cause notice and on the basis of same investigation report, was compulsorily retired from service, but on filing appeal, he was reinstated in service---Such circumstance would make it a case of discrimination as charges against civil servant and co-­civil servant were exactly the same but civil servant was removed from service whereas co-civil servant was re-instated---Case of civil servant being identical, rule of consistency had to prevail in his case---Appeal of civil servant was accepted and Authorities were directed to re­instate civil servant from same date when he was dismissed from service. Abdul Latif Ansari for Appellant. Sarwar Muhammad Khan for Respondents. Date of hearing: 8th July, 2003. JUDGMENT AKBAR M. MEMON, (MEMBER).---The appellant hereinabove who was lastly working as Assistant Director (Engineering) with the respondents has challenged the order dated 20th April, 2001, under which he was removed from service under Special Powers Ordinance 2000, as amended vide Ordinance No. V of 2061 with immediate effect. The order in question is reproduced hereunder: -- OFFICE ORDER Having been found guilty of misconduct, in terms of section 3(l)…
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