PM reinstates FBR officer facing ‘removal from service’ penalty

06 Oct, 2022

LAHORE: Prime Minister Shehbaz Sharif has reinstated a BS-18 officer of the Federal Board of Revenue (FBR) against whom major penalty of “removal from service” was imposed vide Board's Notification No 1167-IR-II/2021 dated 21.05.2021.

According to the notification, copy available with Business Recorder, Prime Minister of Islamic Republic of Pakistan, in his capacity as Appellate Authority, has been pleased to accept the appeal of the officer and set aside the major penalty of “removal from service” imposed upon him.

Meanwhile, the period of unauthorized absence from duty w.e.f 28.09.2020 to 21.05.2021 and the period he remained out of service w.e.f 22.05.2021 till date shall be treated as extra ordinary leave (without pay).

According to the earlier departmental notification dated 21-05-2021, disciplinary proceedings were initiated against Syed Nasir Jamal Shah (IRS/BS-18) Deputy Commissioner-IR, Corporate Tax Office, Lahore under Rule 7 of Civil Servants Efficiency & Discipline) Rules, 2020, on account of unauthorized absence from duty w.e.f. 28.09.2020; through direct show cause notice dated 11.01.2021 on the charges of “misconduct”.

In his reply, the said officer stated that he applied for leave of 400 days and submitted application to the Commissioner-IR, CTO, Lahore on 03.11.2020. The officer further stated that the allegation of absence without any intimation is based on some omission in record. During the course of personal hearing, the accused did not have anything substantial to elaborate in his defence.

The contentions of the officer that his higher officers in CTO, Lahore, were aware of his leave submission was also found unsatisfactory in purview of the prevailing instructions of the government which are very clear i.e. the officer cannot absent himself until and unless the leave applied by the officer is approved by the Competent Authority.

Moreover, leave application of Syed Nasir Jamal Shah (IRS/BS-18) was silent about date of availing of the requested leave. The failure to comply with the instructions of the government construes misconduct on part of the officer.

Furthermore, attitude and conduct of the accused officer was highly casual and irresponsible during the hearing. Information collected from field revealed that he is running his own academy in Lahore, doing business and is not at all interested in government service and keeping this as a standby option.

Accordingly, Secretary, Revenue Division/Chairman, FBR, being Authority, had decided against him and awarded major penalty of “Removal from Service”.

Syed Nasir Jamal Shah had a right to appeal to the Appellate Authority under Civil Servants (Appeal) Rules, 1977, within a period of thirty (30) days from the date of communication of this notification.

Copyright Business Recorder, 2022

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