Ali Nawaz A. Channa, Member.--Mr. Sanaullah Noor Ghouri, Advocate for the appellant and Haji Amanul Haq, Advocate for the respondents present.
2. Mr. Sanaullah Noor Ghouri has argued that the appellant was Driver on the Train and the only allegation against him was that he had consumed more oil than it was required and, therefore, he committed theft pilferage of the oil. A show-cause notice was issued to him and on the basis of that the appellant was compulsorily retired from service. The appellant filed departmental appeal which was partly allowed and the penalty of compulsory retirement was converted into reduction to lower post by one step for two years. He has argued that no regular departmental inquiry was held into the allegations against the appellant which constituted allegation of fact and when the facts are denied, holding of regular and departmental inquiry is essential.
3. Haji Amanul Huq, Advocate for the respondents has conceded to the above position that no regular inquiry was held into the allegations against the Appellant.
4. Both the learned counsel for the parties have agreed that the appeal may be remanded to the respondents for holding de novo inquiry into the allegations against the appellant after adopting proper procedure. As such, the appeal is allowed and the appellate order dated 1.6.2011 is set-aside and it is remanded to the respondents to hold de novo inquiry into the allegations and complete it within a period of six months. The compliance of this judgment may be sent to this Tribunal. No order as to costs.
5. Announced in open Court. Parties be informed accordingly.