| Citation(s) |
|---|
| 2006 SLG 1911 2006 SLD 1911 2006 PLC 1364 |
Federal Service Tribunal, Islamabad
Appeal No.457(K)CE/2000, decision dated: 27th May 2006.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS.
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Appeal No.457(K)CE/2000, decision dated: 27th May 2006.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS.
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MUHAMMAD ASLAM KHAN
VS
THE STATE and another
Law:
Section:
Government Servants (Efficiency and Discipline) Rules, 1973-------R. 4(1)(b)(i)---Service Tribunals Act (LXX of 1973), S.4---Reversion to lower post---Appeal---Appellant serving as General Manager in the establishment was reverted to the post of Deputy General Manager with immediate effect on the ground that his performance during probationary period had not been found upto the mark---Authorities had failed to produce any document in support of their claim---Neither any displeasure note was available on record nor any document was produced to support the claim that performance of appellant was not satisfactory during probation period---Record did not show that personal hearing had been extended to appellant before inflicting major penalty of said reversion---No documentary evidence had been brought on record which could have easily been done by producing letter calling appellant for personal hearing---Appellant, in circumstances had been condemned unheared---Major penalty of reversion awarded to appellant, in circumstances was without any legal justification and had no force---Allowing appeal impugned order of demotion passed against appellant was set aside by Service Tribunal with direction to authorities to restore the position of appellant as General Manager with all back-benefits. Appellant in person. Moin Azhar Siddiqui for Respondents. Date of hearing: 23rd May 2006. JUDGMENT RASHID ALI MIRZA (MEMBER).---Being aggrieved by the impugned order, the appellant, who was serving as General Manager (BMR) in Pakistan Steel, was reverted to the post of Deputy General Manager vide letter dated 13-1-2000 with immediate effect which has been challenged by the appellant. The contents of the letter are reproduced below:-- "PAKISTAN STEEL (CENTRAL ADMINISTRATION) No. AP-2K-6/1(P&C)/275 Dated: 13th January, 2000 To, Mr. Muhammad Aslam Khan, Deputy General Manager, B.M.R. Pakistan Steel Subject: Reversion During Probationary Period You were promoted as General Manager vide G.M. (A&P)'s letter No.A&P99-6/1(P&C), dated 30-10-1998. 2. Your performance on the post during probationary having been watched, has not been found upto the mark and satisfaction of…
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