Case Details

Citation(s)
2005 SLG 929 2005 SLD 929 2005 PLC 614
Federal Service Tribunal, Islamabad
Appeals Nos.583, 584, 606 and 607(K)(CE) of 2000, decision dated: 18-11-2004.
JUSTICE (RETD.) AMANULLAH ABBASI, CHAIRMAN AND RASHID ALI MIRZA, MEMBER

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Syed SHAH SAWAR and others

VS

KARACHI ELECTRIC SUPPLY CORPORATION LIMITED and others

Law:

Section:

Karachi Electric Supply Corporation Disciplinary Rules, 1995-------Clause 14(b)(d)---Sindh Service Tribunals Act (XV of 1973), S.4---Removal from service---Appeal---Appellants were removed from service after issuing them show-cause notice and holding inquiry against them on allegations of fraud, dishonesty, corruption and gross-misconduct etc.---Accused were not found guilty in first inquiry and were absolved of charges by Inquiry Officer in his report---Despite close of matter on inquiry, appellants were again proceeded departmentally which was clear act of victimization and based on mala fide---Since first inquiry was a regular inquiry, no justification was for holding second inquiry which otherwise was conducted by same Inquiry Officer---Findings recorded in second inquiry were based on mere conjectures and surmises---Not a single piece of evidence had been relied upon while recording the purported findings---Appellants neither were supplied the copy of Enquiry Report nor any final show-cause notice was issued to them nor they were given personal hearing; which was mandatory requirements of law---Penalty of removal from service imposed on appellants, was not justified, in circumstances---Impugned order was set aside and Authorities were directed to reinstate appellants in service with all back-benefits. AIR 1986 (SC) 995; 2000 SCMR 1743; 1987 SCMR 602; 2002 SCMR 872; 2002 PLC (C.S.) 136; 1985 PLC (C.S.) 279; 1987 SCMR 1562; 2003 SCMR 1126; 1996 SCMR 201; PLD 1994 SC 275; 2004 PLC (C.S.) 1615 and 2004 PLC (C.S.) 1591 ref. Ch. Rashid Ahmed, for Appellants. Muhammad Nadeem Junior of Sohail H. K. Rana for Respondents. Date of hearing: 8th November, 2004. JUDGMENT RASHID ALI MIRZA, MEMBER---By this common judgment we intend to dispose of all these four appeals. All the Appellants have filed these appeals under section 4 of the Service Tribunals Act, 1973 against the impugned order dated 30-6-2000 whereby they were removed from service with immediate effect under clause 14(b)(d) of K.E.S.C. Disciplinary Rules under CAO's Letter No.5/85/52 dated 3rd January 1995. The Appellants preferred appeals in this Tribunal on different dates with the prayer to set aside the…
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