Case ID |
20363bc0-50f8-4725-88d5-ac9a4e01aaaf |
Body |
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Case Number |
Appeal No.328(K) CE/2001 |
Decision Date |
May 16, 2006 |
Hearing Date |
Apr 20, 2006 |
Decision |
The appeal was allowed, and the impugned order of major penalty of reduction to a lower stage was set aside. The appellant, Talat Qamar, was restored to his original position with all back benefits. The Tribunal found that the inquiry against the appellant was defective and that principles of natural justice were violated. The inquiry officer conducted a fact-finding inquiry instead of a regular inquiry, leading to no concrete evidence being established against the appellant. The decision emphasized the lack of specific proof of misconduct and the improper conduct of the inquiry process. |
Summary |
In the case of Talat Qamar vs. Collector of Customs Preventive, the Federal Service Tribunal addressed the imposition of a major penalty on the appellant for alleged misconduct and negligence while serving as a Senior Preventive Officer. The Tribunal determined that the inquiry conducted against Talat Qamar was flawed, lacking adherence to the principles of natural justice. The inquiry officer's reliance on a fact-finding report instead of a proper inquiry meant that no valid punishment could be imposed. The case highlights the importance of procedural fairness in disciplinary actions against government servants, establishing that without concrete evidence, allegations cannot lead to penalties. The Tribunal's decision restored Talat Qamar to his position, underlining the necessity for due process in administrative actions. This case serves as a significant reference for future inquiries involving government employees, emphasizing the need for thorough, fair, and legally compliant investigation processes. |
Court |
Federal Service Tribunal
|
Entities Involved |
Not available
|
Judges |
Qazi Muhammad Hussain Siddiqui,
Rashid Ali Mirza
|
Lawyers |
Munawar Hussain,
Khalil Dogar
|
Petitioners |
Talat Qamar
|
Respondents |
Collector of Customs Preventive
|
Citations |
2006 SLD 1851,
2006 PLC 265
|
Other Citations |
2003 PLC (C.S.) 353,
1985 PLC (C.S.) 519,
2003 PLC (C.S.) 365,
PLD 2004 SC 441,
2003 PTD (Service) 247,
2003 PTD (Service) 410,
1993 SCMR 1440,
1995 PLC (C.S.) 462,
PLD 1982 Peshawar 165,
2004 PLC (C.S.) 157
|
Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act (LXX of 1973)
|
Sections |
3(b),
4(1)(b)(i),
6,
4
|