| Citation(s) |
|---|
| 2007 SLG 1973 2007 SLD 1973 2007 PLC 555 |
Federal Service Tribunal, Islamabad
Appeal No.323(K)(C.E.) of 2002, decision dated: 2-10-2004.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
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Appeal No.323(K)(C.E.) of 2002, decision dated: 2-10-2004.
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS
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SHAHID KHAN
VS
STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and 2 others SHAHID KHAN vs STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and 2 others
Law:
Section:
State Life Employees Service Regulations, 1973-------Regln. No.30(1)(g)(iv)---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Appellant was dismissed from service on certain allegations, such as breach of discipline, rules and regulations, misappropriation or embezzlement of fund etc.---Appellant had contended that charge-sheet was issued against him by incompetent Authority and that he was not afforded an opportunity of cross-examining witnesses produced against him---Validity---Inquiry though was held against appellant, but he was examined in form of question and answer---Serious allegations levelled against appellant having been denied by him, holding of a regular inquiry giving him full chance to cross examine the witnesses, was absolutely necessary in his case, but authorities having not held inquiry in accordance with law, impugned order of dismissal from service passed against appellant was set aside and case was remanded to Authorities to hold de novo disciplinary proceedings against appellant strictly in accordance with law---Appellant would, in the mean time, be reinstated to his post. 2004 PLC (C.S.) 1275; 1997 SCMR 1552 and PLD 1994 SC 222 ref. Saulat Rizvi for Appellant. Zafar A. Khan for Respondents. Date of hearing: 28th September, 2004. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI, MEMBER.---While serving as Office Assistant in the State Life Insurance Corporation of Pakistan, Hyderabad Zone, the appellant was dismissed from service vide order dated 13-11-2001 under Regulation No.30(1)(g)(iv) of the State Life Employees Service Regulations, 1973. On 28-11-2001, he preferred a departmental appeal to the General Manager, State Life Insurance Corporation, which was not responded to within the statutory period; hence, he filed this appeal under section 4 of the Service Tribunals Act of 1973 before this Tribunal on 21-3-2002, praying to set aside the impugned orders and to reinstate him with all consequential benefits. 2. As per charge-sheet dated 19-9-2001 and the statement of allegations, the charges against the appellant were as under:- "(i) Committed breach of discipline, Rules and Regulations---Regulation No.30(1)(a)(b).…
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