2005 PLP (C (PLC(CS))
ASGHAR ALI Versus GENERAL MANAGER PAKISTAN RAILWAYS, RAILWAY HEADQUARTERS OFFICE, LAHORE and others
| Citation | 2005 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Muhammad Iqbal Khan and Qazi Muhammad Hussain Siddiqui, Members |
| Parties | ASGHAR ALI Versus GENERAL MANAGER PAKISTAN RAILWAYS, RAILWAY HEADQUARTERS OFFICE, LAHORE and others |
| Primary Law | Removal from Service (Special Powers) Ordinance (XVII of 2000) |
Q1: What are the key laws and sections cited in 2005 PLP (C (PLC(CS))?
This judgment primarily cites: Removal from Service (Special Powers) Ordinance (XVII of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Muhammad Iqbal Khan and Qazi Muhammad Hussain Siddiqui, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP (C (PLC(CS)) (ASGHAR ALI Versus GENERAL MANAGER PAKISTAN RAILWAYS, RAILWAY HEADQUARTERS OFFICE, LAHORE and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sanaullah Noor Ghauri for Appellant.
- Latif Saghar for Respondents.
- Date of hearing: 15th June, 2004.
Headnotes / Summary
Ss. 3, 5, 6 & 10
Appellant was removed from service after charge-sheeting him on allegation of misconduct and corruption, but without holding inquiry against him
Appellant having denied the allegations against him, it was incumbent upon the Authority to hold detailed inquiry to substantiate the charges against him
Appellant having been awarded maximum punishment of removal from service without holding enquiry against him, order of his removal from service was set aside and he was reinstated in service with direction to Authorities to hold de novo enquiry proceedings against him on same allegations within period of six months.
Judgment & Decree
DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, KARACHI (COMPETENT AUTHORITY) NO. 7-KGC-/MPS/2002 Dated 2-2002"
1. Whereas you Mr. Asghar Ali son of Khair Muhammad JCA/B/MPS are charged with the following charges and other relevant circumstances: (i) That on 10-1-2002, while working in Booking Office MPS, you issued 10 tickets of Landhi Station instead of Karachi City at the time of Mehran Express to different passengers and pocketed excess amount of Rs.50 resulting Railways administration sustained financial loss which was detected by the Vigilance Team during surprise checking. You have been awarded the following punishments: (i) Pay reduced in the time scale by two steps for one year on 19-7-1993. (ii) WIT 3 years on 12-11-1994 (iii) Reduction in time scale by 3 steps for 3 years on 4-7-1995. The above punishments clearly show that you have ceased to be efficient.
2. You are, therefore, proceeded under Removal from Service (Special Powers) Ordinance. 2000-2001. (Sd.) DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, KARACHI COMPETENT AUTHORITY.
2. The Appellant has denied the allegations. Admittedly no enquiry was held to establish the veracity of the allegations. The passengers who travelled without ticket were not even interrogated during the course of the preliminary enquiry and reliance was placed on the report of the Vigilance Cell. It is consistent view of the apex Court that in cases where the appellant denies allegations and factual controversy is involved detailed enquiry is mandatory to substantiate the charges. In the present case since no regular enquiry was held and the appellant was awarded maximum punishment of removal from service under Removal from Service (Special Powers) Ordinance 2000 the impugned order dated 17-4-2002 is set aside. Appellant is reinstated in service with effect from the date of his dismissal and the case is remanded to the respondents-Establishment to initiate and complete de novo enquiry proceedings based on the same allegations within a period of six months from the date of issue of this order. Back-benefits and retention of the appellant in the service of the respondent-Department or otherwise shall depend upon the findings of the fresh enquiry proceedings if held during the period mentioned above. H.B.T./66/FST Appeal allowed accepted