' MUHAMMAD IQBAL KHAN (MEMBER).---Heard the learned counsel for the parties concerned and also perused the record. The charge-sheet dated 6-2-2004 and the Statement of Charges enclosed therewith read as under:- "No. 7 KGC-28/MPS/2002 Dated 1-2-2002
1. Whereas you are charged with misconduct as per statement of charges attached.
2. And whereas the competent authority has decided that there is no need of holding an enquiry against you under subsection 4 of section 5 of Ordinance XVII of 2000 Removal from Service (Special Powers) Amended Ordinance 'No.V of 2001 and that proceedings are being initiated under section 5(4) of the Removal from Service (Special Powers) Ordinance 2000 which might entail imposition of a major penalty of "Dismissal" from service as specified in section 3 of the said Ordinance.
3. Now, therefore, you are required to show cause within seven days from the day of receipt of this notice as to why the proposed action should not be taken against you.
4. If no response is received from you within the time stipulated above, it would be presumed that either you have no defence to offer and/or you have wilfully declined to do so. The case shall then be decided on "ex parte" without further reference.
(Sd)
DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, KARACHI (COMPETENT AUTHORITY) NO. 7- KGC-/MPS/2002 Dated 2-2002"
STATEMENT OF CHARGES
1. Whereas you Mr. Asghar Ali son of Khair Muhammad JCA/B/MPS are charged with the following charges and other relevant circumstances:
(i) That on 10-1-2002, while working in Booking Office MPS, you issued 10 tickets of Landhi Station instead of Karachi City at the time of Mehran Express to different passengers and pocketed excess amount of Rs.50 resulting Railways administration sustained financial loss which was detected by the Vigilance Team during surprise checking. You have been awarded the following punishments:-
(i) Pay reduced in the time scale by two steps for one year. On 19-7-1993.
(ii) WIT 3 years on 12-11-1994
(iii) Reduction in time scale by 3 steps for 3 years on 4-7-1995. The above punishments clearly show that you have ceased to be efficient.
2. You are, therefore, proceeded under Removal from Service (Special Powers) Ordinance 2000- 2001.
(Sd.)
DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, KARACHI COMPETENT AUTHORITY.
2. The Appellant has denied the allegations. Admittedly no enquiry was held to establish the veracity of the allegations. The passengers who travelled without ticket were not even interrogated during the course of the preliminary enquiry and reliance was placed on the report of the Vigilance Cell. It is consistent view of the apex Court that in cases where the appellant denies allegations and factual controversy is involved detailed enquiry is mandatory to substantiate the charges. In the present case since no regular enquiry was held and the appellant was awarded maximum punishment of removal from service under Removal from Service (Special Powers) Ordinance 2000 the impugned order dated 17-4-2002 is set aside. Appellant is reinstated in service.With effect from the date of his dismissal and the case is remanded to the respondents-Establishment to initiate and complete de novo enquiry proceedings based on the same allegations within a period of six months from the date of issue of this order. Back-benefits and retention of the appellant in the service of the respondent-Department or otherwise shall depend upon the findings of the fresh enquiry proceedings if held during the period mentioned above. accepted