Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 1192

[Federal Service Tribunal]

Before Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members

KHALID FAHEEM, EX-ASSISTANT MANAGER, PAKISTAN STEEL, KARACHI

Versus

SECRETARY MINISTRY OF INDUSTRIES AND PRODUCTION GOVT. OF PAKISTAN and 2 others

Appeal No.318(K)(CE) of 2002, decided on 15th November, 2005.

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

----S. 3---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Appellant was removed from service after Charge-sheeting him and holding inquiry against him on charge of misconduct and misappropriation---Inquiry Committee, did not conduct inquiry as per procedure laid down in letter issued by the then Chairman and procedure for departmental inquiry was also not followed---Before awarding punishment of removal from services upon appellant, copy of inquiry report was not supplied to him which was against principle of natural justice---Appellant could not be held responsible for the acts of omission and commission of others---Inquiry was conducted against appellant in question-answer form which was not a legal inquiry---Witness who was Store Incharge, had stated in clear words that appellant had no concern with purchases and procurement of material or installation---In view of said clear-cut evidence available on record, appellant could not be held responsible and could not have been punished---Impugned order of removal from service, was set aside, with direction to authorities to hold a formal inquiry against appellant strictly in accordance with rules accordingly.

1984 PLC (C.S.) 560, 1985 PLC (C.S.) 518; 1987 PLC (CS) 741; .PLD 1981 SC 176; 1991 PLC (CS) 706; 1992 PLC (C.S.) 678; 2000 PLC (C.S.) 1252; 1999 PLC (C.S.) 592; 2001 PLC (C.S.) 296; 1999 SCMR 819 and 1993 SCMR 1440 ref.

Sanaullah Noor Ghouri for Appellant.

Shoukat, Clerk of Raja Qasit Nawaz for Respondents.

Date of hearing: 12th November, 2005.

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