Case Details

Citation(s)
2005 SLG 1073 2005 SLD 1073 2005 PLC 1508
Federal Service Tribunal, Islamabad
Appeal No.137(K)(C.S.) of 2001, decided 16-06-2004.
MUHAMMAD IQBAL KHAN AND QAZI MUHAMMAD HUSSAIN SIDDIQUI, MEMBERS

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Syed HAMID ALI

VS

A.G. SINDH and others

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-----------Ss. 3, 5, 6 & 10---Removal from service-Appeal-Statement of allegations against appellant was issued by Authority whereas under Removal from Service (Special Powers) Ordinance, 2000, it should have been issued by the Inquiry Committee---Inquiry Committee, while exonerating appellant of the first two allegations, found him culpable for another allegation and recommended major penalty of compulsory retirement from service---Authority did not accept recommendation of Inquiry Committee and without giving any reasons, enhanced the penalty to remove him from service---Other civil servant, who was also involved in proceedings, was not imposed any penalty, though Inquiry Committee also held him guilty---Prosecution did not involve other staff members in the proceedings of case in inquiry proceedings---Case against appellant, in circumstances needed re-appraisal at the departmental level---Order removing appellant from service was set aside and appellant was reinstated in service with effect from the date of his removal from service---Authority could initiate de novo disciplinary proceedings against appellant based on same allegations within stipulated period. Sanaullah Noor Ghouri for Appellant. Asif Mangi, Standing Counsel with Dr. Rasheed Ahmed, A.A.O. for Respondent. Date of hearing: 16th June, 2004. JUDGMENT MUHAMMAD IQBAL KHAN (MEMBER).---Heard the learned counsel for the parties concerned and also perused the record. 2. Without going into the merit of the case, we have observed the following legal infirmities in the processing of this case: (i) The statement of allegations dated 3-10-2000 was issued by the Authority whereas under Removal from Service (Special Powers) Ordinance, 2000 it should have been issued by the Inquiry Committee; (ii) the Inquiry…
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