Full Judgment Text & Judicial Ruling

2005 P L C (C

2005 P L C (C.S.) 1525

[Federal Service Tribunal]

Before: Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members

IFTIKHAR AHMAD

Versus

SECRETARY MINISTRY OF HEALTH GOVERNMENT OF PAKISTAN

Appeal No.321(K)(C.S.) 2001, decided on 28th November, 2004.

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

----Ss.5, 6, 7 & 11---Service Tribunals Act (LXX of 1973), S.4---Issuance of show-cause notice---Appeal---Appellant was issued a show-cause notice for misconduct based on allegation of misappropriation of certain items---Appellant denied allegations against him and contented that no regular enquiry was held against him---Service Tribunal without adverting to merits of case, remanded the same for reasons that at the time when proceedings were initiated against appellant, Removal from Service (Special Powers) Ordinance, 2000 had already been promulgated which was in force at that time---Enquiry proceedings against appellant, in circumstances had to be taken under Removal from Service (Special Powers) Ordinance, 2000, provisions whereof under S.11 of said Ordinance overrode all other existing laws---Impugned order was set aside with direction to the Authority to initiate disciplinary proceedings against appellant on same allegations and complete the same within specified time in accordance with law giving opportunity to appellant to put up his defence, if he so wished.

Sanaullah Noor Ghauri for Appellant.

Asif Mangi, Standing Counsel for Respondents along with D.R. Dr. Muhammad Azhar Khan Deputy Director J.P.M.C.

Date of hearing: 28th November, 2004.

JUDGMENT

QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER).---Appellant who was a Ward Master in the Respondents JPMC was issued a show-cause Notice on 30-4-2001 for misconduct based on misappropiration of disposable items by various indents etc., amounting to Rs.2,72,641. In reply to the show-cause notice the Appellant had denied the allegations against him but it is alleged that subsequently the Appellant had admitted his guilt vide his Confessional statement dated 19-5-2001 said to be in his handwriting. The Appellant later on submitted through his Advocate a photo copy of his Statement of the even date alleging that he was made to write the alleged Confessional Statement under coercion. The contention of the learned counsel for the Appellant is that the said document is a fake document as the Stamp and Inward number mentioned thereon are spurious and not genuine. The learned counsel for the Appellant also states that no regular enquiry was held into the allegations of fact which had been denied by the Appellant.

2. D.R. Dr. Muhammad Azhar Khan, Deputy Director J.P.M.C. who is present in Court states that such an enquiry was held against the Appellant.

3. Without adverting to the merits of the case, we remand the case to the Respondents for the reasons that at the time when the proceedings were initiated against the Appellant, Removal from Service (Special Powers) Ordinance 2000 had already been promulgated which was in force at that time. As such, the Enquiry Proceedings against the Appellant had to be taken under the said Ordinance, the provisions whereof under section 11 overrode all other existing laws, including the present proceedings. We, therefore, set aside the impugned order with the direction to the Respondents to initiate disciplinary proceedings against the Appellant on the same allegations and complete the same within a period of six months in accordance with law giving full opportunity to the Appellant to put up his defence if he so wishes. The back-benefits of the Appellant will depend upon the result of the enquiry which is to be completed within a period of six months. In case the de novo proceedings are not completed within the said stipulated time the Appellant would be entitled to back-benefits for the period he was not gainfully employed elsewhere. Appeal stands remanded accordingly.

4. Announced in open Court.

5. Copies of the judgment be sent to the parties and to the relevant quarters under registered cover under rule 21 of Service Tribunal.

H.B.T./140/FST Order accordingly.

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