' ROSHAN ALI MANGI (MEMBER).---The appellant Khalid Nazir Khan was working as U.D.C.In the respondent-department. According to him due to his mental disorder, he had become insane.
Respondent No, 4 dismissed the appellant from service vide order dated 19-10-1991 on the ground of misconduct under the provisions of Pakistan Employees (Efficiency and Discipline) Rules, 1978.
However, the respondent No, 3 being the competent Authority reviewed his dismissal and converted it into compulsory retirement vide order dated 20-9-1994 on his own. The appellant impugned this later order and submitted a departmental appeal against it on 28-11-1994. His appeal, however, was rejected on 11-7-1995 Hence this appeal.
2. Pleading the case of the appellant, the learned counsel prayed to consider the case on humanitarian ground. According to him compulsory retirement was a punishment. He pleaded that since he was declared medically unfit for service by the Medical Board vide letter dated 8-1- 1994, therefore, his request needed to be considered on purely medical ground, as such a retirement would enable the appellant to get 20% disability pension and also the grant out of Wanda Welfare Fund in addition to his ordinary pension.
3. The respondent department has also filed preliminary objections. The charge against the appellant was that with an ulterior motive he contacted S.E. Sialkot at his residence on 18-12-1991 at 6-15 p.m. And showed him two letters of Assistant Director-General Mr. Muhammad Naeemullah for Secretary, WAPDA containing certificate of availability for appointment of the staff. On scrutiny of papers S.E., Sialkot suspected the signatures on letters as forged one. He (the appellant) also tried to give illegal gratification to S.E., Sialkot for showing favour in cases of appointment. On further enquiry he disclosed his identity as S.D.C., Shakargarh Sub-Division. Besides this, the appellant was also involved in 13 stolen electricity meters by unlocking the door of meter room. In this regard an F.I.R. No,16, dated 30-12-1990 was registered at Police Station Shakargarh.
4. Accordingly the appellant was served upon explanation letter dated 4-3-1991 and show-cause notice issued to him on 13-5-1991. However, the appellant neither submitted the defence reply nor did he bother to appear before the competent Authority for personal hearing although he was directed to do so vide the same show-cause notice.
5. Under the circumstances, he was imposed major penalty of removal from service under Rule 2(3) of Pakistan WAPDA Employees (E&D) Rules, 1978 but taking a lenient view, the authority i,e, respondent No, 3 converted his major penalty from removal to compulsory retirement. As such the orders passed by the competent Authority were legal and lawful.
6. It is contended that the appellant was not in service when he was declared unfit by the Medical Board. It has further been submitted that since the appellant had already been treated leniently, therefore, there is no justification for converting his compulsory retirement into retirement on the medical ground.
7. We have listened to the arguments of both the sides and perused the record.
8. We find that the appellant was imposed major penalty of dismissal from service which was later on converted into compulsory retirement by the authority on the ground of misconduct. The appellant had impersonated in order to get concession from the S.E., Sialkot to get the appointment for his people which act was unbecoming of an employee. Although he was issued explanation letter followed by a show-cause notice but he neither replied to explanation letter nor to show-cause notice. This proves that he was guilty and the charge levelled against him was correct. Although he was called for personal hearing but even for that he did not bother. The perusal of the explanation letter produced by the respondent department (copy of which was not placed on record by the appellant) reveals that the appellant was arrested by the police authorities, Shakargarh for stealing jeweler and cash from the house of one Mr. Faiz Rasul. This very much reflects the character of the appellant.
9. Although the appellant has pleaded on humanitarian grounds, to convert his compulsory retirement into retirement on medical ground, nevertheless the perusal of the record reveals that he was dismissed from service vide letter dated 19-10-1991 and the Medical Board declared him unfit for the service vide letter dated 8-1-1994. From this follows that while he was declared unfit for service he was already dismissed from service. Prior to this nothing is available on the record if at all he had ever applied for retirement on medical grounds. From this it follows his request to retire him on medical ground was afterthought.
10. Under the circumstances, we are unable to accept his appeal for the reason recorded above.
The appeal having no merit is dismissed.
11. No order as to costs. Parties be informed.