| Case ID |
23460ddc-4897-48e4-8091-fb90d8a76d21 |
| Body |
View case body. Login to View |
| Case Number |
18-K of 1985 |
| Decision Date |
Jun 03, 1989 |
| Hearing Date |
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| Decision |
The Federal Service Tribunal in Islamabad dismissed the appeal filed by Syed MUHAMMAD ASLAM QADRI against the modification of his penalty from removal from service to reduction in post. The tribunal upheld the original departmental order of removal, acknowledging that the appellant's reply to the comprehensive show-cause notice amounted to a virtual admission of misconduct. While the appellate authority had attempted to mitigate the punishment by reducing it to a lower post, the tribunal identified a procedural lacuna in not specifying the duration of this modification. Consequently, the tribunal maintained the appellate order with the necessary correction, limiting the reduction in post to a period of three years. This decision reinforces the importance of adhering to procedural requirements and ensuring that disciplinary actions against government servants are both fair and legally compliant. |
| Summary |
In the landmark case of Syed MUHAMMAD ASLAM QADRI versus CENTRAL BOARD OF REVENUE, ISLAMABAD and another, the Federal Service Tribunal in Islamabad rendered its decision on June 3, 1989. The appellant, Syed MUHAMMAD ASLAM QADRI, serving as a Preventive Officer in Customs, faced removal from service under the Government Servants (Efficiency and Discipline) Rules, 1973, following allegations of misconduct. The case centered around an incident where QADRI and a Sepoy, Muhammad Akbar, were accused of extorting illegal gratification of Rs.3,000 from a passenger, Mr. Achi Memon, and seizing his foreign medicines, crockery, and a golden neck chain under the pretext of smuggling.
QADRI challenged the departmental order of removal, arguing that the allegations lacked substantial evidence and that a full inquiry was unjustified. He contended that the show-cause notice served was comprehensive and that his reply essentially admitted to the misconduct. The appellant’s defense included claims that the passenger had voluntarily left behind his possessions and that there was a lack of a proper inquiry process.
The tribunal meticulously examined the evidence, including the show-cause notice, the appellant's replies, and the procedural adherence to the E&D Rules. It was determined that the discrepancy between the appellant’s account and the passenger's allegations undermined the credibility of the defense. The primary contention was that the appellant's version of events was implausible, given the circumstances, and that the confiscation of items by the appellant was indeed under coercive pretenses.
Furthermore, the appellate authority's decision to modify the penalty to a reduction in post was scrutinized. The tribunal identified a procedural oversight in not specifying the duration of the modified penalty, which is a requirement under FR-29. To rectify this, the tribunal upheld the appellate order with the modification explicitly limiting the reduction to a three-year period.
This case underscores the critical importance of procedural fairness and the necessity for disciplinary actions to adhere strictly to legal frameworks. It highlights the tribunal’s role in ensuring that government servants are held accountable while safeguarding their rights through due process. The decision also emphasizes the need for clear and precise modifications in disciplinary penalties to avoid legal loopholes.
For legal professionals and government institutions, this judgment serves as a precedent in handling cases of alleged misconduct, reinforcing the standards of evidence and procedural integrity required in administrative tribunals. The emphasis on comprehensive show-cause notices and the necessity for clear appellate modifications are pivotal takeaways that inform future disciplinary proceedings within the civil service.
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| Court |
Federal Service Tribunal
|
| Entities Involved |
Federal Service Tribunal,
Customs,
CENTRAL BOARD OF REVENUE, ISLAMABAD,
Syed MUHAMMAD ASLAM QADRI,
Niaz Ahmad Khan,
Manzoor Ali Khan
|
| Judges |
SYED ALLY MADAD SHAH,
RASHEED-UD-DIN ARSHAD
|
| Lawyers |
Manzoor Ali Khan for Appellant,
Niaz Ahmad Khan for Respondents
|
| Petitioners |
Syed MUHAMMAD ASLAM QADRI
|
| Respondents |
CENTRAL BOARD OF REVENUE, ISLAMABAD and another
|
| Citations |
1989 SLD 1559,
1989 PLC 767
|
| Other Citations |
1979 P L C (C.S.) 129,
1980 P L C (C.S.) 344,
1984 P L C (C,S.) 550,
PLD 1985 SC 134,
1980 SCMR 310
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
Rr.4,
Rr.5
|