ISLAMABAD: The Federal Board of Revenue (FBR) for the first time has penalised a customs official involved in the violation of the intellectual property rights (IPR) rules and regulations.
According to a notification issued by the FBR on Friday, whereas, disciplinary proceedings under the Civil Servants (Efficiency & Discipline) Rules, 2020 were initiated against Habibullah Malik, appraising officer (BS-16),while posted at Diplomatic Bond Section of Collectorate of Customs Enforcement, Karachi.
Accordingly, an order of inquiry dated 23.08.2022 on the charges of “inefficiency” and “misconduct” under Rule-3(a) & (b) of the Civil Servants (Efficiency and Discipline) Rules, 2020, was issued and Saad Ata Rabbani, (PCS/BS-19) was appointed as inquiry officer to scrutinise the conduct of the accused officer.
The inquiry officer had furnished an inquiry report vide letter dated 15.03.2023 and established the charges of “inefficiency” and “misconduct” under Rule-3(a) & (b) of the Civil Servants (E&D) Rules, 2020 levelled against the accused officer and recommended a major penalty of “reduction to a lower post and pay scale for a period of one year from the date of imposition of penalty” under Rule-4(3) (b) of the rules.
On the basis of the inquiry report, a show-cause notice dated 11.04.2023 was served upon the accused. The accused officer had furnished his reply to the show-cause notice on 28.04.2023 and denied the charges levelled against him. The authority had granted an opportunity of personal hearing on 18.05.2023 to the accused officer in terms of Rule-17 of the rules.
The Member (Admn/ HR), FBR, being the authority under Rule-2(1)(c) of the Civil Servants (E&D) Rules, 2020, in this case, having gone through the available record, facts of the case, inquiry report, show-cause notice, reply to the show-cause notice, verbal submissions made by the accused officer, contentions of the DR during the course of personal hearing, was of the considered opinion that there is nothing on record to suggest that the accused officer forwarded the GDs to the appropriate supervisory officer (as stipulated under the law) for out of charge of the impugned goods. Instead as per the available record, it can be clearly seen that the accused officer himself ordered the goods for out of charge on the back of each GD.
However, no revenue loss occurred to the national exchequer in the instant matter and only procedural violation of IPO was observed to be committed by the accused.
The inquiry report and DR did not share or place anything on record that the impugned goods were sold in the local market or consumed otherwise by the non-Muslims or misused in any other way.
Therefore, the accused is found guilty of “inefficiency” only on account of reasons explained above.
Therefore, the authority has taken a lenient view and decided to impose a minor penalty of “withholding of two annual increments for a period of two years without cumulative effect” upon Habibullah Malik, appraising officer (BS-16).
Copyright Business Recorder, 2023
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