Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 3(b) & 4(1)(b)(i)---Service Tribunals Act (LXX of 1973), S.4---Misconduct---imposition of penalty of reduction to one stage lower in the 'time scale---Appellant who was serving as, Deputy General Manager in Pakistan Steel, was reduced to one stage lower in the time scale with immediate effect on allegation of misconduct---Allegation against appellant was that he refused to give joining report to Department where he was transferred and that he remained absent from duty from 22-9-2000 to 19-12-2000---Validity---Appellant was ordered to join Production Directorate, which he joined without wasting time---Appellant, in circumstances did not defy the order of his transfer passed by the competent Authority at any stage---Authority also could not prove that appellant remained absent from 22-9-2000 to 19-12-2000---Opportunity of defence was not afforded to appellant, so much so that the documents produced by it were not exhibited nor the defence witness was called on request of appellant and neither enquiry report was provided nor personal hearing, was accorded before inflicting the penalty of reduction in one stage lower in time scale---Impugned order was set aside with direction to authorities to restore appellant to his original position and stage in time scale which he was enjoying prior to passing the impugned order, with all back-benefits. Appellant in person. Moira Azhar Siddiqui for Respondents. Date of hearing: 24th June, 2006. JUDGMENT RASHID ALI MIRZA (MEMBER).--- Since common question of facts and law is involved in both the above appeals, these arc being disposed of by this single common judgment. 2. Being aggrieved by the impugned orders dated 28-6-2002, the appellant; who was serving as deputy General Manager in the Pakistan Steel, was reduced to one stage lower in the time scale with immediate effect, which has been challenged by the appellant. The impugned order reads as under:-- Pakistan Steel (Central Administration) No.CAP-DGM.2002/PA/367/O/E dated 28th June, 2006 Memorandum Subject: Reduction of stakes lower in the time scale. Mr. Muhammad Aslam Khan, Deputy General Manager…

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