Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss.3, 5 & 6---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal against---Appellant was removed from service after charge-sheeting him that during his posting, a fraud had been committed by another employee with his connivance--Imposition of major penalty of removal from service suffered from irregularity as Authority/Director-General did not appoint any person as Authorized Officer which was contravention of relevant law---Inquiry had been conducted in the form of question answer which was, not judicially approved method---Punishment imposed on appellant on basis of such inquiry could hardly be sustainable in the eye of law---Findings of Inquiry Committee were based on hearsay as no direct or indirect evidence was on record to that effect---Main allegation against appellant was that cutting/over-writings and alterations made by appellant had paved the way for accused to commit fraud/embezzlement, causing loss to Government Exchequer---Appellant had also been charged of concealment of facts relating to commission of fraud by accused as he failed to inform Administration or higher Authorities---Appellant had pleaded that he did not know about act of accused and that he being a subordinate it was not possible for him to report against his boss/accused---Fault of appellant at the most could be termed as `negligence' for which a minor penalty would suffice---Appellant had more than 20 years' clean record of service as a low paid subordinate, which also deserved due consideration before imposition of major penalty under given circumstances---As per inquiry report and submission of appellant, he made cuttings/over-writings and alterations in the entries and being not cautious in the discharge of his duty, he could not be completely absolved of his responsibilities---Order imposing major penalty of removal from service, was set aside and he was reinstated in service and penalty of removal from service was modified and converted into minor penalty of stoppage of three increments for three years without cumulative effect. 1999 PLC(C.S.) 1187; 1994 PLC (C.S.) 477; 1995 PLC…

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