ISLAMABAD: The Federal Services Tribunal (FST), Islamabad comprising Raja Hasan Abbas and Manzoor Ali Khan, has scrapped the penalty imposed on Azra Jamali, former Consul General to Montreal (Canada), a BS-20 officer of Secretariat Group.

In 2017, Ministry of Commerce had initiated an inquiry against her for allegedly issuing out of jurisdiction visas to Indian Canadians, refusing to relinquish her charge and allegedly misbehaving with her successor by calling the police. The concerned Ministry had imposed a minor penalty on the officer who then challenged the decision and made President of Pakistan through Principal Secretary and Prime Minister through Secretary Establishment as respondents.

Raja Hasan Abbas, in his judgment wrote that the appellant was proceeded under E&D Rules, 1973 through a charge sheet served upon her which culminated in imposition of minor penalty of withholding or promotion for two years, on February 16, 2018. Departmental appeal was rejected. According to the judgment, the order of penalty of February 16, 2018 was passed by an incompetent authority, in violation of specific provision of Rule 5((iv) of the E&D Rules, 1973. Minor penalty could not be imposed by an authorized officer. He could not forward his recommendations to the authority for imposition of minor penalty thus the order was void and no super structure could be built on the basis of such an order. Further that the inquiry was conducted in a defective manner as no witness was deposed to substantiate the allegations. The Authorized Officer proceeded mechanically on receipt of inquiry report and did not apply his independent mind and simply affirmed the findings of the inquiry officer without giving any reasons.

It was further contended that the inquiry officer did not record the statement of any witness as required under E&D rules. Findings of the inquiry officer are incompatible and inconsistent with the discussion made by him in the report.

Respondents submitted their parawise comments/objections in the matter and opposed contentions raised by the appellant. It was stated that the inquiry officer conducted the proceedings in a comprehensive manner and provided sufficient opportunity to the appellant to defend herself and cross examine and brought on record viewpoint expressed by her in detail.

According to judgment, so far as the charge of visa issuance was concerned, the inquiry officer observed that it is proved partially to the extent of issuance of 199 out of jurisdiction visas to Sikh pilgrims, however, on the basis of statement by Shamim Abbasi that out of jurisdiction visas were issued/accepted as per past practice. The inquiry officer relied upon the findings of the inquiry report submitted by Muhammad Amir successor of the appellant for concluding his findings about this period which had a definite bias against Azra Jamali and in his opinion and report could not be relied upon without independent corroboration.The judgment further states that in the absence of any substantial proof brought by the Commerce Ministry, “we are unable to agree with the findings of the Inquiry Officer particularly his reliance on the report of successor of the appellant who had personal bias and some personal score to settle”.

The two-member tribunal in its judgment says that in view of the discussion of the case, “we do not find any merit impugned order of February 16, 2018 as well as appellate order of April 18, 2018 therefore, are set aside. Resultantly, the appeal is accepted and disposed of accordingly”. —MUSHTAQ GHUMMAN