Moazzam Hayat, Member.--Appellant Tariq Farooq was a Constable in the Pakistan Railways Police. He was awarded the penalty of dismissal from service vide order dated 26.H.2009 under the Removal from Service (Special Powers) Ordinance, 2000. His departmental appeal dated 10.12.2009 was rejected on,18.02.2010.
2. The appellant had joined the Pakistan Railways on 01.01.2002. He had successfully completed his training in Walton School. Thereafter he was transferred from Lahore Division to PRP Workshop Division, Mughalpura, Lahore. He was allotted Belt No,236. It was alleged that he had absented himself from duty from 26.08.2009 to 01.09.2009. He was served with a show cause notice on 14.09.2009. He was required to submit his defence reply within seven days but it was filed by him on 30.09.2009. After the submission of reply he was served with yet another show cause notice dated 01.10.2009 that he had not filed reply to first show notice within the stipulated period. On 23.11.2009 he was heard in person and thereafter awarded the penalty in question.
3. The appeal is resisted by the respondents. It is stated that the appellant had committed two misconducts, firstly by remaining absent from duty and secondly by not submitting his reply to the first show cause notice within the stipulated period, therefore, he was awarded the penalty in question strictly in accordance with law.
4. We have heard the learned counsel for the parties and have also perused the record.
5. The appellant had remained absent from duty from 26.08.2009 to 01.09.2009. For his absence for such a short duration he should not have been dismissed from service especially when his absence was treated as LWFP. The absence of the appellant had been regularized. As such no penalty could be imposed upon him.
6. The appellant was required to file reply to the first show cause notice dated 14.09.2009 within seven days. He filed the reply on 30.09.2009. The mischief attributed to him was not that serious. If he could not file rely within seven days he filed it on 30.09.2009. For this minor misconduct he should not have been given extreme penalty of dismissal from service. In the circumstances the penalty of dismissal imposed upon the appellant cannot be sustained.
7. On the charge of absence from duty no penalty could be given to the appellant since his absence had been regularized. For the second misconduct i,e, failure to submit reply to the first show cause notice within the stipulated period, he is awarded the penalty of stoppage of one increment for one year. The order of dismissal from service is set aside. He is reinstated into service with back benefits.
8. There shall be no order as to costs.
9. Parties shall be informed accordingly.