QAZI MUHAMMAD HUSSAIN SIDDIQUI, MEMBER.--- This appeal under Section 4 read with Section 2 of the Service Tribunals Act, 1973 was filed by the appellant above-named on 15.6.2002 against his dismissal from service the Notification of the respondent dated 6.4.2002 after Departmental Appeal dated 10.4.2002 which remained un responded. We have heard learned Advocates for the parties.
2. The disciplinary proceedings against the appellant had been initiated with a Statement of Charges dated February 18, 2002 which is reproduced as under:- "PAKISTAN RAILWAYS DIVISIONAL OFFICE KARACHI No. 542-E/1/RS-II/2002 February 18, 2002 STATEMENT OF CHARGES
1. Whereas you Mr. Sadaruddin TXR under HTXR/KEW are charged with gross misconduct, inefficient working and other relevant circumstances:-
(a) Careless and irresponsible working is evident from the fact that you did not ensure proper lashing and packing under the rolls of iron sheets and allowed the use of old and rusty lashing ropes for securing the heavy steel sheet rolls loaded in MBFR No. 5229 attached with LDP-Special.
The said lashing ropes broke enroute and resulted in filling of steel sheet rolls on the down main line which struck/collided with the train engine of 16-Down (Karachi Express) between Bharia Road and Patidan stations on Rohri-Tando Adam Section of Sukkur Division on 28.7.2001. As a result of this accident, train engine and ten coaches of 16-Down (Karachi Express) derailed and capsized.
(b) You have been held responsible by the Principal Officers Joint Enquiry Committee for violation of rule No. 15.17 of Commercial Manual, 2204(a) and (b) of the Operating Manual and S.R.-110/1 of G&S Rules.
2. You are, therefore, proceeded under Removal from Service (Special Powers) Ordinance, 2000- 2001.
(Iqbal Samad Khan)
General Manager (Operations)
Pakistan Railways, Headquarters Office, Lahore.
The appellant was removed from service under Removal from Service (Special Powers) Ordinance, 2000 dispensing with the enquiry although the appellant had denied the serious allegation against as envisaged in Para 4 of reply of the appellant to show-cause notice which in reproduced as under:- "4. TXR, Mr. Adalat Khan, who is quite responsible for Lashing and Packing has declared unfit MBFR No. 52529 and 52607 to be attached with this Train loaded with Iron Steel Rolls when the Train was under formation. Later on these two MBFRs i.e. No. 52529 and 52607 were declared fit by the said TXR (Mr. Adalat Khan) on 24.7.2001."
On the basis of denial of responsibility of any mishap by the appellant it was incumbent upon the respondents to hold a regular enquiry to determine the charge against the appellant in view of his said reply involving Adalat Khan but that was not done.
3. The appellant had it light under principles of Natural Justice to defend himself but he was deprived of the opportunity to put up his defence making his penalty under Removal from Service (Special Powers) Ordinance, 2000 illegal and void. We, therefore, allow the appeal, set aside the impugned order and direct the respondents to hold an enquiry against the appellant on the same charge in consideration of the reply of the appellant to the show-cause notice. The enquiry be initiated and completed within a period of four months from the date of receipt of a copy of this judgment strictly in accordance with law giving the appellant full chance to defend himself. The question of back benefits will depend upon the result of the enquiry.
Announced in Open Court.
4. Copies of the judgment be sent to the parties (under register cover) and to the relevant quarters under registered cover under Rule 21 of Service Tribunal. (Procedure) Rules, 1974.