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Petitioner: MUHAMMAD NAEEM VS Respondent: SMALL BUSINESS FINANCE CORPORATION through Chairman Board of DirectorHonorable Justice MOAZZAM HAYATShabbir Ahmad Bhutta,Kh. Tahir Ahmad
2006 P L C (C
2006 P L C (C.S.) 1179
[Federal Service Tribunal]
Before Moazzam Hayat and Jehan Zaib Burki, Members
MUHAMMAD NAEEM
Versus
SMALL BUSINESS FINANCE CORPORATION through Chairman Board of Director, Ministry of Finance Government of Pakistan Islamabad and 4 others
Appeal No.45(L)(C.S.) of 2001, decided on 11th September, 2004.
Small Business Finance Corporation Employees (Efficiency & Discipline) Regulations, 1995---
----Regis. 2(4) & 9-C---Service Tribunals (Procedure) Rules, 1973, R.5(1)---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal against---Appellant was removed from service after charge-sheeting him on allegation that he had prepared false verification reports regarding guarantors, their business and investment of equity---Charge levelled against appellant was proved in the inquiry held by Inquiry Officer---Defence taken by appellant was that all said documents were correctly verified by him which were also verified by Manager---Task of verification in question having been entrusted to appellant, it was his responsibility to ensure that verifications were not false---Supervisory officer normally depended on his subordinate staff and subordinate staff, could not shift the charge levelled against it on Supervisory Officer---Even otherwise obeying unlawful orders of superiors was not a good defence in Departmental proceedings against delinquent civil servant---Appellant was duty bound to follow the rules in letter and spirit and any deviation from such rules for any reason was an act of misconduct on his part---Illegal order of a superior Authority would not exonerate appellant of the charge of deviation from rules---Appeal was dismissed, in circumstances.
Shabbir Ahmad Bhutta for Appellant.
Kh. Tahir Ahmad for Respondents.
Date of hearing: 11th September, 2004.