| Case ID |
2fb2d0ff-56bd-4121-8a70-502452ad43c9 |
| Body |
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| Case Number |
Appeal No.490(L)(C.S.) of 2000 |
| Decision Date |
Oct 30, 2003 |
| Hearing Date |
Oct 30, 2003 |
| Decision |
The Federal Service Tribunal decided in favor of the appellant, Abdul Majeed, who was removed from service after being accused of collecting illegal gratification. The Tribunal found that the appellant had been acquitted of the charges in a competent court, and hence the removal order could not be sustained. The Tribunal emphasized that the criminal proceedings and departmental proceedings are separate, but in this case, the criminal acquittal directly impacted the validity of the departmental action. The vague allegations against the appellant were deemed insufficient for the penalty imposed. As a result, the Tribunal set aside the removal order and reinstated the appellant with back benefits. |
| Summary |
In the case of Abdul Majeed vs Division Superintendent (Workshops), Pakistan Railways, the Federal Service Tribunal examined the legality of the appellant's removal from service based on allegations of corruption. The appellant was accused of collecting illegal gratification from workers and was subsequently acquitted in a criminal trial. The Tribunal highlighted the importance of the criminal acquittal in relation to the departmental proceedings, ruling that the removal order could not stand in light of the acquittal. The decision emphasized that vague allegations were insufficient for disciplinary action, and the appellant was reinstated with back benefits. This case underscores the necessity for clear evidence and proper procedure in disciplinary actions against government servants. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Railways
|
| Judges |
MOAZZAM HAYAT,
JEHAN ZAIB BURKI
|
| Lawyers |
Mian Jaffar Hussain,
Naseem Ahmad
|
| Petitioners |
ABDUL MAJEED
|
| Respondents |
DIVISION SUPERINTENDENT (WORKSHOPS), PAKISTAN RAILWAYS, MUGHALPURA, LAHORE
|
| Citations |
2008 SLD 1410,
2008 PLC 1298
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act, 1973
|
| Sections |
3,
4(1)(b)(ii),
5,
6,
4
|