Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,10

Law: Service Tribunals Act, 1973

Section: 3-A(2)(b),4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3, 5 10---Service Tribunals Act (LXX of 1973), Ss.3-A(2)(b) 4---Appeal to Service Tribunal---Withholding of promotion for 3 years---Enhancement of penalty---Appellant was proceeded against on allegations of misconduct, lack of supervision and for having failed to perform his duties efficiently---Inquiry Officer, finding appellant guilty of said allegations, recommended that minor penalty of withholding promotion for three years be imposed on appellant---Competent Authority having found the reply to show-cause notice issued to appellant unsatisfactory, enhanced punishment of appellant from minor penalty of withholding promotion to major penalty of compulsory retirement from service---One Member of the Bench of Service Tribunal on appeal, upheld findings of Competent Authority, holding that the Authority was justified in taking serious view of the matter and in enhancing the punishment beyond that recommended by the Inquiry Officer and dismissed appeal---Second Member of the Bench of the Tribunal, modified said major penalty of compulsory retirement awarded by First Member to minor penalty of withholding of promotion for three years---Case, in view of the division of the of the Bench of the Tribunal, was referred to Chairman of the Federal Service Tribunal under S.3-A(2)(b) or Service Tribunals Act, 1973---No direct involvement of appellant was manifested from the record---Chairman of Federal Service Tribunal modified major penalty of compulsory retirement to that of minor penalty of withholding of promotion for 3 years as was imposed by Second Member of the Tribunal---Chairman had found that Inquiry Officer had correctly observed that appellant who was a Shift Incharge at the relevant time was guilty of only negligence, lack of supervision and effective control over his subordinates---No irregular exercise of authority was made by the Inquiry Officer, when he recommended minor penalty of withholding of promotion for 3 years---Punishment of minor penalty of withholding of promotion of appellant for 3 years as awarded by Second Member was found by the Chairman to be in accordance with…

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