| Citation(s) |
|---|
| 2006 SLG 1733 2006 SLD 1733 2006 PLC 645 |
Federal Service Tribunal, Islamabad
Civil Petition No.373(K) CS of 2003, decision dated: 18-10-2005.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
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Civil Petition No.373(K) CS of 2003, decision dated: 18-10-2005.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
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KHADIM HUSSAIN
VS
DEPUTY INSPECTOR-GENERAL RAILWAYS and another. KHADIM HUSSAIN vs DEPUTY INSPECTOR-GENERAL RAILWAYS and another.
Law:
Section:
Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3(1)(a)(b), (c)(iii) & 5---Service Tribunals Act (LXX of 1973), S.4---Compulsory retirement from service---Appeal---Appellant was compulsorily retired from service after issuing him show-cause notice on allegations of inefficiency, misconduct and corruption---Minor punishment already undergone by appellant, could not be used for imposing major punishment of compulsory retirement on him as that would amount to vexing appellant twice for the acts of omission and commission for which he had already been punished---Allegation against appellant was that he had bad reputation, but Authorities were not firm about the reputation of corruption of the appellant---Such allegation needed to be proved by means of a regular departmental inquiry, giving appellant full chance to defend himself, but that had not been done---No evidence had been brought on record by Authorities to show that earlier minor punishments were awarded to appellant in connection with the acts of corruption etc.---Order of compulsory retirement of appellant on basis of allegations mentioned in show-cause notice, was null and void and for that reason bar of limitation, would not be attracted to the case of appellant even if delay was not covered up by the period of ailment of appellant's wife---Impugned order of compulsory retirement of appellant from service, was set aside and he was ordered to be reinstated in service accordingly. 1989 SCMR 1224 ref. Sanaullah Noor Ghouri for Appellant. Amanul Haq for Respondent. Date of hearing: 24th September, 2005. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER).---Briefly, the facts leading to this appeal are that the appellant joined Pakistan Railways Police as Constable w.e.f. 23-4-1980. His last posting was in Karachi Division when a show-cause notice dated 24-5-2001 under Removal from Service (Special Powers) Ordinance, 2000 (as amended) (hereinafter called the "Removal Ordinance") was issued to him containing the following allegations:--- "Whereas, you Mir Khadim Hussain, PC/807 are accused of having committed the following acts of inefficiency, misconduct and corruption as defined…
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