Law:

Section:

Railway Servants (Efficiency and Discipline) Rules, 1975------Rr. 4(1)(b)(iv), 5, 6 & 7---Service Tribunals Act (LXX of 1973), S.4---Service Tribunal (Procedure) Rules, 1974, R. 21---Dismissal from service---Appeal to Service Tribunal---Appellant was dismissed from service after issuing him show-cause notice and holding inquiry against him on the allegation that he carried passengers without tickets by taking money from them---Appellant was not afforded personal hearing and major punishment of dismissal from service had been imposed upon him on basis of fact finding inquiry conducted in violation of Rules and procedure and it was in question and answer form---In view of said infirmities, order of removal passed against appellant was set aside and he was directed to be reinstated in service---Authority could initiate fresh proceedings against appellant in accordance with law within specified period. Sanaullah Noor Ghauri for Appellant. Muhammad Asghar for Respondents. Date of hearing: 24th July, 2004. JUDGMENT RASHID ALI MIRZA (MEMBER).--- The appellant has tiled appeal under section 4 read with section 2 of the Service Tribunals Act, 1973 challenging his dismissal order, dated 8th April, 2002 passed by respondent No.2 against which the appellant sent his departmental appeal to the respondent No.1 on 20-4-2002 for setting aside the said punishment of dismissal form service, the respondent rejected the 'departmental appeal on 2nd July, 2002. 2. The facts of the case are that 1ppellant joined the respondent-Organization as constable with effect from 13-8-1995. While he was posted at Railway Police Station Rohri and was detained for escort duty with Train 15-Up Karachi Express Night Coach Ex-Hyderabad to Khanewal. The respondent No.2 on 19-9-2001 placed the appellant under suspension under the orders of the I.-G. P.R.P. Lahore issued by respondent No.2. The respondent No.2 issued finial show-cause notice to the appellant on 2-4-2002 alleging therein that on 24/25th July, 2001 while he was on train Escort duty with Train 15-Up Night Coach, carried a family of Mr. Maqsood Ahmed (comprising three members) without tickets from Karachi to Lahore, arranged tickets…

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