ISLAMABAD: The minor penalty of “withholding of increments for a period of two years” imposed upon Asdaq Afzal, a Pakistan Customs Service officer of BS-18, by the competent authority of Federal Board of Revenue over marrying a foreign national without informing the authorities, has been converted to “Censure”.
As per details, Asdaq Afzal, presently posted as Deputy Collector, Model Customs Collectorate, Sambrial/Sialkot, contracted marriage with a Japanese national namely Shinonji Kawasaki D/o Takeshi Kawasaki on November 24, 2011, without prior permission from the Government in violation of Rule 3(1) of the Government Servants (Marriage with Foreign Nationals) Rules, 1962, amended vide Establishment Division’s SRO No.1083(I)/2010 dated 12.11.2010.
The disciplinary proceedings were initiated against the said officer on the charges of “misconduct” under the Government Servants (Efficiency & Discipline) Rules, 1973. With the approval of the Authority, the formality of holding a formal inquiry through an inquiry officer/committee under Rule 5(1)(ii) & 6 ibid was dispensed with and under Rule 5(1)(ii) ibid, a show-cause notice vide C.No.2(26)/2000-M-II(Cus-II) dated May 24, 2014 was issued to Asdaq Afzal.
The Authorised Officer after having examined the relevant record, the written defence and verbal submissions made by the accused officer during personal hearing, imposed minor penalty of “withholding of increments for a period of two years” under Rule 4(1)(a)(ii) of the Government Servants (Efficiency & Discipline) Rules, 1973 conveyed to the officer vide Board’s Notification No. 2259-C-II/2014 dated 24-11-2014. 2.
The accused officer being aggrieved, filed a representation against the order of Authorized Officer / Member (Admn) before the Appellant Authority (Secretary, Revenue Division/Chairman FBR) under Rule 3 of the Civil Servants (Appeal) Rules, 1977.
The Secretary, Revenue Division/Chairman FBR, as Appellant Authority after having gone through the representation, relevant record and verbal submissions of the accused officer during personal hearing, observed that the charge against the officer was of a procedural nature and there were numerous instances where Establishment Division had granted ex-post facto approvals to officers who married foreign nationals without prior permission.
The Appellant Authority converted the minor penalty of “withholding of increments for a period of two years” imposed upon the accused officer by the Authorised officer to “Censure”.
