ISLAMABAD: Federal Service Tribunal (FST) reserved decision in a case challenging extra-law removal of Federal Board of Revenue (FBR) Income Tax Inspector.
FST two-member bench headed by Chairman Sheikh Ahmad Farooq and comprising another associate, Syed Rafique Hussain Shah (FST Member), heard the case for final arguments.
The petitioner, Ghulam Mustafa Mari had filed the case through his counsel Muhammad Owais. The petitioner pleaded the Tribunal to set aside the order of his removal orders issued by the FBR.
The petitioner submitted that he was hired for the post of inspector advertised on July 10, 1994 by the appointing authority, Commissioner Income Tax Hyderabad Zone. Competent authority appointed him knowing that Ghulam Mustafa Mari (appellant) was waiting for BA part-II result. Ghulam Mustafa submitted a proof for appearing in BA examination and had explained the factual position about graduation result in his application to the Departmental Selection Committee.
It was further submitted that he was awarded joining government service on November 27, 1994. Then, a charge sheet was issued against him by the FBR on November 7, 2002 charging him for submitting ‘major penalty’, i.e. ‘bogus degree’ at the time of appointment and thus was removed from services in account of allegation after conducting an inquiry in this regard. FBR decision was upheld by the FST, Islamabad High Court and Supreme Court of Pakistan.
Thereafter, the appellate field a review petition before the Prime Minister on October 6, 2008 and the appellate comprising of representatives of FBR Legal Branch and Ministry of Law and Justice reinstated Ghulam Mustafa into service subsequent to PM directions subjected to law.
Interestingly, Ghulam Mustafa, after lapse of three years, then again was removed from service in 2012 by the Chief Commissioner RTO Hyderabad by illegally restoring major penalty awarded to him in inquiry against bogus BA certification.
The petitioner submitted in the Court that his latest removal was unlawful and in violation of the article 13 of the constitution of Pakistan 1973. It further stated that once a penalty set aside by appellate authority, the same cannot be imposed upon again on the same charges/allegations.
Upon hearing both sides’ arguments, the bench questioned the respondents (FBR) counsel to state lawful provisions permitting revisiting the decision set aside by any appellate authorized. Though, the FBR counsel could not satisfy Court on the issue by providing lawful provisions.
