Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 2(b), 3(1) & 10---Service Tribunals Act (LXX of 1973), S.4---Misconduct---Compulsory retirement from service---Appeal---Major penalty of compulsory retirement from service was imposed upon appellant after issuing him show-cause notice and holding inquiry against him on certain allegations of omissions and commissions which constituted misconduct and corruption---Appellant had filed appeal against impugned order passed against him which was within tine statutory period and was not hit by limitation---Appellant was in the habit of being rude, harsh and disrespectful to his superiors and colleagues---Appellant seemed to have defaulted in initiating deduction from his salary for the first instalment of the house building advance and of having. received the second house .building advance, without completely liquidating the total amount of the first house building advance---Of all the charges, the charge that appellant failed to initiate the deduction of instalments of the first house building advance in time and received second advance without completely liquidating the first advance, seemed to be convincingly proved---No financial loss, however had been caused to the Government-, Other charges had not been conclusively established by the Inquiry Officer---Imposition of major penalty of compulsory retirement, in circumstances did not commensurate with the guilt, of appellant---Said penalty being too harsh, was liable to be reduced---Major penalty bf compulsory retirement was reduced to stoppage of increments for period of two years. S. Riaz, Haider for Appellant. Asif Hussain Mangi, Standing Counsel, D.R. Nisar Ahmed, Audit Officer for Respondents. Date of hearing: 13th December, 2006. JUDGMENT MUHAMMAD JAVED ASHRAF HUSSAIN (MEMBER).---This is an appeal under section 4 of the Service Tribunals Act, 1973 against the impugned order No.149-Estt-1!204-2003 dated 17-7-2004, whereby the major penalty of compulsory retirement from service under Removal from Service (Special Powers) Ordinance, 2000 has beets imposed upon the appellant. The appellant filed a departmental appeal dated 25-8-2004…

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