Law:

Section:

(a) Civil Servants Act (LXXI of 1973) S.16Departmental proceedings and criminal proceedingsDifference and distinctionDepartmental proceedings are different and distinct from criminal charge which if has been levelled simultaneously against civil servant. (b) Service Tribunals Act (LXX of 1973) Ss. 2A & 4Constitution of Pakistan (1973), Art. 185(3)Dismissal from serviceFindings of Service Tribunal based upon findings recorded by other forumsValidityAcquittal from criminal chargeEffect­Employee of Banking Company was dismissed from serviceLabour Court reinstated the employee and Criminal Court acquitted him of the charge­After insertion of S.2A, in Service Tribunals Act, 1973 matter was transferred to Service Tribunal and the Tribunal on the basis of findings recorded by Labour Court as well as by the Criminal Court allowed appeal of the employee and he was reinstated in serviceLegalityInstead of basing its decision on finding of a forum which had no jurisdiction to decide the case, the Service Tribunal should have examined the case independently on the basis of material collected during departmental inquiry including show cause notice and inquiry reportConclusion drawn by Criminal Court would have no bearing on the departmental proceedings as the latter had to be decided independently Where the Tribunal had not applied its independent mind, such findings of the Tribunal were not sustainablePetition for leave to .appeal was converted into appeal, and judgment passed by Service Tribunal was set asideCase was remanded to Service Tribunal for decision afresh. ORDER We have heard learned counsel for the appellants and have also gone through the impugned judgment, dated 9122000 passed by the Federal Service Tribunal, Islamabad. It is noteworthy that the Service Tribunal had based its judgment on the findings of Presiding Officer Labour Court recorded while disposing of application under section 25A of the I.R.O., 1969 filed by the -Respondent, the order of the Criminal Court acquitting the -Respondentemployee from the criminal charge has also been considered as one of the factor for his reinstatement. It is wellsettled that the departmental proceedings are…

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