The Federal Board of Revenue (FBR) has imposed minor penalty of 'withholding of one increment' on Muhammad Ishaque Memon (ITG/BS-20) Commissioner, E&C Division, Regional Tax Office (RTO), Karachi. According to a notification issued on Friday, the board has initiated disciplinary proceedings against the official on charges of inefficiency, misconduct and corruption.
Chairman, FBR issued an Order of Inquiry of November 30, 2006 and appointed inquiry committee comprising Haji Ahmed (ITG/BS-21), (Chairman of the Committee) and Hafiz Muhammad Anees (CEG/BS-21), (Member of the Committee) to scrutinise the conduct of the accused officer.
The inquiry committee furnished report with the recommendation to impose major penalty of 'dismissal from service' on the accused officer with the direction to show cause within seven days of the receipt of the said notice as to why major penalty of dismissal from service should not be imposed upon him. The accused officer furnished reply to the show cause notice and denied the charges levelled against him and sought opportunity of personal hearing.
Secretary, Revenue Division/Chairman, FBR granted personal hearing to the accused officer on January 24 2008. After personal hearing, the competent authority feels that the major penalty imposed by the Inquiry Committee is too harsh. Therefore, a two-member committee comprising Usman Khalid Mirza (ITG/BS-21), the then Member (DT) and Mumtaz Ahmad, Member (Legal) (BS-21) was assigned to thrash out the inquiry report and look into the technical and legal aspects of the interpretation of the provisions of Income Tax Law and proceedings undertaken based on such interpretation and give it's recommendations.
The Competent Authority/ Secretary, Revenue Division after examining the entire record of the case, defence of the accused officer including reply to the show cause notice and observations/findings of the enquiry report and examination of the matter by the two members committee in the FBR, concluded that the recommendations of inquiry committee to impose major penalty of 'Dismissal from Service' seems too harsh and taking a lenient view and on compassionate grounds imposed minor penalty of "withholding of one increment" under Government Servants (Efficiency & Discipline) Rules, 1973 read with section 3(1) of the Removal from Service (Special Powers) Ordinance, 2000.
Ishaque shall have a right to appeal to the Appellate Authority under the Removal from Service (Special Powers) Ordinance, 2000 within a period of 15 days from the date of communication of this notification.
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