NAZIM HUSSAIN SIDDIQUI, CJ. --- Appellant Feroze Akbar Khan has impugned judgment dated 8.3.1995 of learned Federal Service Tribunal, Islamabad delivered in Appeal No. 126(K) whereby appeal preferred by him was dismissed.
2. The appellant was working as Senior Observer in the Meteorological Department and his services were terminated by order dated 3.5.1992 under the provisions of Government Servants (Efficiency & Discipline) Rules, 1973. He filed departmental appeal before the concerned authority, which was dismissed. Thereafter he approached the Tribunal, where too, he did not succeed.
3. Vide order dated 4.12.1996, leave to appeal was granted to examine if the inquiry was conducted according to law or not.
4. Heard the appellant and Syed Zaki Muhammad, Deputy. Attorney General and perused the record.
5. The record reveals that proper inquiry was not conducted and all the witnesses were examined by the inquiry officer at the back of the appellant and the latter was not given an opportunity to cross-examine those witnesses, The inquiry report is dated 11.8.1991., It is at page 20 of the paper book. According to it, the inquiry officer had gone through the relevant record and reached the conclusion that the charges against the appellant were established. This novel procedure adopted by the inquiry officer is totally against the statutory provisions on the subject.
6. In consequence, the appeal is allowed and impugned judgment is set aside. The appellant shall be reinstated in service and the respondents may, if so advised, hold fresh inquiry against him according to law: Issue of back benefits shall be decided after fresh inquiry is held. By short order of even date, in above terms we allowed this appeal and these are the reasons for the same.
Civil .