30 September 2004	Thursday	14 Shaban 1425

KARACHI, Sept 29: The Federal Service Tribunal reinstated on Wednesday a customs inspector with retrospective effect from July 30, 2002, the date of his dismissal from service , but allowed the Central Board of Revenue to initiate fresh proceedings against him in accordance with law.

Inspector Ghulam Mustafa Shah, who joined the customs in 1975 as a preventive officer, was sacked under the Removal from Service (Special Powers) Ordinance, 2000, for not regularly filing declarations of his assets, having reputation of being corrupt and inefficient and living beyond his known sources of income.

He contested the charges and approached the FST on rejection of his departmental representation against his removal from service through Advocate Mohammad Nawaz Shaikh. A bench, comprising FST members Abdur Razzaque and Abdul Rashid Baloch, said in its order that the charge of being corrupt and inefficient was vague and unsubstantiated and there were no adverse remarks to the effect in his annual confidential reports.

As for possession of disproportionate assets, the allegation was required to be investigated thoroughly by examination and cross- examination of witnesses and by according the accused personal hearing.

The extreme penalty of dismissal, the FST bench observed, was imposed by placing reliance on two previous cases wherein the accused had already been punished. A regular inquiry was essential when the allegations were specifically denied by the accused.

Setting aside the impugned order, it said the period intervening between dismissal and reinstatement should be treated as leave of the kind due. The new inquiry should be completed within six months and the issue of back benefits would depend on its outcome.