| Citation(s) |
|---|
| 2006 SLG 1732 2006 SLD 1732 2006 PLC 627 |
Federal Service Tribunal, Islamabad
Civil Appeal No.228(K)(C.S.) of 2002 decided on 14-09-2005.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
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Civil Appeal No.228(K)(C.S.) of 2002 decided on 14-09-2005.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
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MUHAMMAD SADDIQ
VS
DEPUTY INSPECTOR-GENERAL, PAKISTAN RAILWAYS POLICE, LAHORE and another MUHAMMAD SADDIQ vs DEPUTY INSPECTOR-GENERAL, PAKISTAN RAILWAYS POLICE, LAHORE and another
Law:
Section:
Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3(l)(a)(b) & (c)(iii) & 5---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Appellant was removed from service after serving him with show-cause notice on allegations of inefficiency, misconduct and corruption---No inquiry was held against appellant, but no reason had been assigned in the show-cause notice for dispensing with regular inquiry, despite denial of serious allegations of fact by appellant---Authority had not stated that penalty had been imposed upon appellant after personal hearing---Such grave and serious infirmities in the disciplinary proceedings, had vitiated action against appellant---Impugned order of removal from service passed against appellant could not be maintained---Case was remanded to the Authority with a direction to reinstate appellant and hold de novo disciplinary proceedings against him on same allegations/charges within specified period. 1984 PLC (C.S) 641; 1986 PLC (C.S.) 894; PLD 1994 SC 222; 1985 PLC (C.S.) 245; 1982 SCMR 770 and 1997 SCMR 1552 and 2004 SCMR 316 = 2004 PLC (C.S.) 344 ref. Sanaullah Noor Ghauri for Appellant. Muhammad Asghar for Respondent. Date of hearing: 13th September, 2005. JUDGMENT RASHID ALI MIRZA, MEMBER.---Appellant Muhammad Siddique who was lastly working as Head Constable with the respondent No.3 Pakistan Railways Sukkur was served with show-cause notice. The show-cause notice is reproduced hereunder:-- SHOW-CAUSE NOTICE Whereas you C/616 Muhammad Siddique of RPS/JCD, under suspension at RPL/Sukkur are accused of having committed the following acts of inefficiency, misconduct and corruption as defined under section 3(1)(a)(b) and (c)(iii) of Removal from Service (Special Powers) Ordinance, 2000 as amended by Ordinance V of 2001. As reported by S.H.O. RPS/JCD vide Report No.223-5, dated 25-2-2002, that on 25-2-2002 you while detailed on train escort duty with train (19-Up Khushal Express) carried 19 passengers without ticket in the said train as detected by Vigilance Team, P.R. Sukkur at Railways Station Ex:-Jacobabad and charged them Rs.4,205/vide RFT No.391047, dated 25-2-2002. Now whereas you…
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