MUHAMMAD IQBAL versus GENERAL MANAGER/OPERATIONS PAKISTAN RAILWAYS, LAHORE
Sections 3, 5 and 6 of the Service Tribunals Act (LXX of 1973), on the removal of the appellant from service of section 4, on the charge of taking bribes from a person for improper facilities to perform his legitimate official duties. Was charged. The accused did not submit the vigilance team to the authorities without inquiry into the allegations made by them, nor was there any complaint against the appellant for receiving bribe from which the appellant allegedly took bribe. Lee Thieu, the Vigilance Team, stated that a statement of forcible appellant was recorded against the co-workers and their accomplices in a false and fabricated case of bribery; officials did not deny the affidavit. No evidence was in record to support the allegations. In the event of severe penalties where serious allegations were made and denied by the accused / employee, as was absolutely necessary and the final notice was also to be issued and the accused / employee had the opportunity of a personal hearing. If this was not done, removal of employment could not be imposed without service, without regular inquiry, without issuing the final show cause notice and providing the applicant with a hearing, unnamed. The order was set aside, the appellant was instructed to remove him from the post. Reinstate the re-employment. It is further directed that strict inquiries be made against the appellant regularly, as per the law, he should be given full opportunity to examine the witnesses, after issuing the showcase notice and personally.
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