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1992 PLC(CS) 747

MUHAMMAD MUSHTAQ VS DIRECTOR-GENERAL (S&GA) WAPDA

Petitioner: MUHAMMAD MUSHTAQ VS Respondent: DIRECTOR-GENERAL (S&GA) WAPDA

Court: FEDERAL-SERVICE-TRIBUNAL

Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 747

[Federal Service Tribunal]

Before S.M. Ishaque and Ch. Hasan Nawaz, Members

MUHAMMAD MUSHTAQ

Versus

THE DIRECTOR-GENERAL (S&GA), WAPDA and another

Appeal No. 196(L) of 1988, decided on 26th November, 1991.

Civil service---

--- Dismissal from service---Civil servant who was charged with grave mis conduct and breach of trust; was dismissed from service after holding enquiry against him---Before service of charge-sheet on civil servant, his statement was recorded by Security Officer of employer in which civil servant had voluntarily confessed his guilt and sought forgiveness with a promise that he would never commit any such mistake in future---Statement of civil servant made by him in response to questions put by, Inquiry Officer, though was not recorded by Inquiry Officer in usual manner, but nothing was available in such statement to indicate that answers given by civil servant were not voluntary or that he was intimidated to make those answers---Statement of civil servant clearly showed that questions put by Inquiry Officer to civil servant and answers recorded by Inquiry Officer were read out to civil servant who admitted their correctness-- Despite certain irregularity in recording statement of civil servant, material brought on record had fully established that civil servant was guilty of offence alleged to have been committed by him---No evidence of alleged mala fides of employer or Enquiry Officer or intimidation had been brought on record by civil servant---Charges against civil servant having been established to the satisfaction of competent Authority, order dismissing civil servant from service could not be said to be arbitrary or capricious.

Mian Mahmood Hussain for Appellant.

Yasmin Saigal for Respondents.

Date of hearing: 24th November, 1991.

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