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October 20, 2006 Friday Ramazan 26, 1427


KARACHI: Disciplinary action cannot be taken after removal from service



By Our Staff Reporter


KARACHI, Oct 19: Disciplinary proceedings cannot as a rule be taken against a civil servant for imposition of major or minor penalty under the efficiency and discipline rules after his removal from service, the Federal Service Tribunal held in an order passed on Thursday.

The issue was raised before the tribunal by Minhon Khan Chandio, former chief engineer of the Water and Power Development Authority, who was removed from service under the Wapda Employees Efficiency and Discipline Rules on Jan 27, 2001. On April 27, he received a notice to show cause why Rs 206,487 should not be recovered from him for the loss he caused to the authority. The ex-employee explained his position but the authority imposed the minor penalty for payment of the amount.

Minhon Chandio challenged the penalty before the FST and a tribunal bench, comprising Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, allowed his appeal. His counsel, Mohammad Nawaz Shaikh, argued that the employee had been removed from service, no proceedings under the efficiency and discipline rules could be initiated against him. He cited superior court judgments to substantiate his contention.






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