Full Judgment Text & Judicial Ruling

2006 PLC (C

2006 PLC (C.S.) 1190

[Federal Service Tribunal]

Before Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members

MUHAMMAD AKBAR KHAN

Versus

THE DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, KARACHI and 2 others

Appeal No.231(K)(CS) of 2002, decided on 20th September, 2004.

Removal From Service (Special Powers) Ordinance (XVII of 2000)---

----Ss.3, 5 & 6---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal against---Appellant was dismissed from service on allegation that he, while serving as Inspector of works, twice recommended retirement papers of an employee who was working as `Moawin' under his control and caused loss to Government---Appellant demanded personal hearing, but no opportunity for that was provided---Appellant, in circumstances was deprived of chance of bringing his defence on record which was a serious irregularity for which major penalty of dismissal from service imposed upon appellant, could not be maintained---Service Tribunal accepting appeal, had set aside impugned order of dismissal of appellant from service and directed respondent Authorities to reinstate appellant in service from date of his dismissal---Case, however was remanded to the Authorities for holding enquiry into the matter strictly in accordance with law providing fair chance to appellant of putting up his defence during enquiry.

Sanaullah Noor Ghauri for Appellant.

Miss Irfana Junior of Ch. Rashid Ahmed for Respondents.

Date of hearing: 16th September, 2004.

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