Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)------Ss. 3, 5 & 8---Government Servants (Efficiency and Discipline) Rules, 1973---Fundamental Rules, R.29---Service Tribunals Act (LXX of 1973), S.5---Constitution of Pakistan (1973), Art.212(3)---Punishment of reduction to the lowest time scale in BPS-19---Contention of the petitioner was that when the Inquiry Committee had found that the petitioner was not involved in misappropriation or embezzlement, the punishment imposed was unwarranted---Validity---Held, section 3, Removal from Service (Special Powers) Ordinance, 2000 in general and S.3(i)(e) in particular authorized the competent Authority to impose any of the punishments given in S.3(i)(e) as well as Government Servants (Efficiency and Discipline) Rules, 1973---Section 5 read with S.8 of the Ordinance authorized the competent Authority to pass such order on the report and recommendation of the Inquiry Committee or Inquiry Officer, as it might deem proper in accordance with the provisions of the Ordinance---Question as to how such punishments were to be in accord with the provisions of the Ordinance, was fully answered in S.3 of the Ordinance---Competent Authority, therefore, was not bound to follow the report of the Inquiry Officer which, in the very terms of the section, was of recommendatory nature---Recommendations in view of Ss.3, 5 & 8 of the Removal from Service (Special Powers) Ordinance, 2000 could not be construed to be binding upon the competent Authority---Leave to appeal was refused. Raja Muhammad Asghar Khan, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 25th July, 2005. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.------Ghulam Qasim Khan, Director (P.M.E.), Ministry of Population Welfare, Islamabad seeks leave to appeal against the judgment, dated 16-5-2003 of the learned Federal Service Tribunal, Islamabad whereby his departmental appeal was rejected but the punishment, with reference to F.R.29, was modified under section 5 of the Service Tribunals Act, 1973. His reduction to the lowest time scale in BPS-19 was conditioned to prevail for a period of three years. 2. The petitioner was charged…

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