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Removal From Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3 & 5---Service Tribunals Act (LXX of 1973), S.4---Demotion from Pay Group-V to IV---Appeal---Appellant was proceeded against earlier and during course of pendency of said proceedings in which appellant subsequently was acquitted, Department issued charge-sheet, inquiry was held and on recommendation of Inquiry Officer, appellant was imposed penalty of demotion from Pay Group-V to IV, without waiting for result of case pending adjudication with Customs Authorities---No bar though was placed on the Authority to proceed departmently against appellant during pendency of case, but it was in the interest of justice that Authority should have waited for final adjudication thereof---Penalty of demotion had been imposed on appellant prior to his honourable acquittal pertaining to same charge---Former order was passed by competent Authority in consequence of departmental proceedings, whereas later decision was result of acceptance of appeal against said order---Imposition of penalty on appellant as a consequence of determination of guilt on the same charge of which appellant had been acquitted honourably by forum of competent jurisdiction, would hardly be justifiable---Impugned order was set aside and appellant was restored to his original Pay Group-V, with consequential benefits. 1998 PLC (CS) 143; 2000 SCMR 269 and 1989 PLC (CS) 393 ref. Abdul Hafeez Amjad for Appellant. Ch. Manzoor Hussain for Respondent. Date of hearing: 14th January, 2004. JUDGMENT ABDUL RASHID BALOCH (MEMBER)---This is an appeal against the order dated 24-1-2003, whereby the appellant was demoted from Pay Group-V to Pay Group-IV. He filed departmental representation dated 8-5-2003, which was rejected on 19-6-2003, hence the present appeal. 2. The facts of the case are that the Deputy Superintendent of Customs, Departure Shift-I, Islamabad Airport reported on 28-7-2002 to the Deputy Collector (AB), Islamabad Airport that during the course of checking of crew baggage of Flight PK-771 bound for Copenhagen, 95 cartons and 50 packets of cigarettes of foreign origin were recovered from the baggage of the appellant, a crew…

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