Law:

Section:

Service Tribunal Act (LXX of 1973)---Ss. 2-A & 6---Constitution of Pakistan (1973), Art. 212(3)--­Reinstatement in service---Two departmental inquiries conducted by same Inquiry Officer---Person was a Bank employee and was charged for availing house building loan in unauthoried manner in excess of his entitlement--­Authorities having been dissatisfied with the first inquiry ordered for fresh inquiry into the matter---Same officer was appointed to hold the second inquiry against the employee---Employee, on the report of the Inquiry Officer was dismissed from service---Service Tribunal allowed the appeal and reinstated the employee in service and directed the Authorities to conduct fresh inquiry against him---Validity---Where the Authorities had turned down the findings and report of the first inquiry for the reason that it was held in ex parte manner, the Bank Authorities did not act in proper and legal manner while getting the second inquiry conducted by the same Inquiry Officer---Judgment passed by the Tribunal was based on the principles laid down by Supreme Court -and there was no illegality, or irregularity, or misconstruction of law---Leave 'to appeal was refused. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave is sought against the judgment of the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal), dated 14-7-2001, passed in Appeal No.435(K) of 1997. 2. The facts, in brief, are that respondent Rasheed Ahmed was appointed as Cashier in the United Bank Limited on 10-7-1974. Subsequently, the respondent was posted as Assistant in Hirabad Branch, Mirpurkhas. He was also a General Secretary of the Staff Union, Mirpurkhas Zone. He was charge-sheeted on the ground that he had availed a loan under the Head NISF for House Building in the unauthorized manner and in excess of his entitlement. Mr. Abdul Ghani Memon, AVP inquired into the charge­ sheet, against whom the respondent levelled the charges of unfair and partial conduct while holding the inquiry. Consequently the General Manager vide his letter dated 8-5-1993 disagreed with the first inquiry report conducted and submitted by Mr. Abdul Ghani Memon and directed that a fresh…

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