KARACHI, June 9: The Federal Service Tribunal has set aside the dismissal orders of two railway booking assistants and reinstated them in service with retrospective effect , but allowed the Pakistan Railways to conduct a fresh inquiry into the allegations against them within six months.

The reinstated employees will be entitled to back benefits depending upon the outcome of the new inquiry proceedings based on the same allegations, if conducted as ordered. The tribunal allowed the employees to approach it if they felt aggrieved by any order of the respondent railways.

Ghulam Nabi Bhand and Ghulam Mustafa Bhand, junior commercial assistants (booking), were sacked in June 2002, under the Removal from Service (Special Powers) Ordinance, 2000.

The former, who had joined the railways in 1987, was charged with misconduct, inefficiency and corruption. He was found involved in short remittances of cash 122 times and alleged to have overcharged the fare on two tickets while posted at the Karachi Cantonment Railway Station.

Ghulam Mustafa Bhand, who had been working for the railways since 1982, was alleged to have remained on sick leave for a long period without proper sanction and without reporting to the railways doctor. He was previously awarded penalties 14 times, 'which showed that he had ceased to be efficient'.

An FST bench, comprising its chairman, Justice Amanullah Abbasi (retired), and member Mohammad Iqbal Khan, observed in its order after hearing Advocate M. Nawaz Shaikh for the first appellant and Advocate Ghazanfar Ali Khan for the railways: considering all aspects of the case, we have come to the conclusion that the facts involved were disputed and controversial in nature, which needed an indepth probe by holding a regular inquiry.

The summary procedure adopted in this case contains many loopholes". One of the tickets, it noted, was never issued according to a document placed on record by the appellant.

Allowing GM Bhand's appeal, the bench observed that the appellant remained under emergency treatment at the Civil Hospital, Karachi, according to a certificate produced by him.

Either the railways should have accepted the certificate or subjected him to a second medical opinion. As for the past penalties, Article 13 of the Constitution and Section 26 of the General Clauses Act barred repetition of punishments on the same allegation.