'Inefficiency' and 'misconduct': FBR awards major penalty to Additional Commissioner-IR

24 Sep, 2014

The Federal Board of Revenue (FBR) has imposed a major penalty 'reduction to a lower post of Deputy Commissioner (BS-18) for a period of two years' on Chaudhry Jafar Nawaz (IRS/BS-19) Additional Commissioner-IR, Regional Tax Office Lahore.
According to a notification issued by the FBR on Tuesday, the Secretary Revenue Division/Chairman FBR, being the authority in the case, after having considered all the aspects and material relating to the case and the recommendations of the authorised officer held the accused officer guilty of the charges of "inefficiency" and "misconduct" and has imposed major penalty of "Reduction to a lower post of Deputy Commissioner (BS-18) for a period of two years" as laid down in sub-clause (i) of clause
(b) of sub rule(1)of Rule 4 of the Government Servants (Efficiency & Discipline)Rules, 1973 with immediate effect. The amount of pay and allowances unlawfully drawn by him to which he was not entitled to during the period of 123 days (from 02.07.2012 to 01.11.2012) of his unauthorised absence shall be recovered from him.
On account of imposition of Major Penalty of "Reduction to a lower post of Deputy Commissioner-IR (BS-18) for a period of two years" Upon Chaudhry Jafar Nawaz, BS-18 officer of Inland Revenue Service, presently posted as Deputy Commissioner-IR, Regional Tax Office, Lahore, the performance allowance of officer is hereby discontinued for a period of one year w.e.f 23.09.2014 to 22.09.2015, in light of para 7 of Guidelines for Performance Allowance 2012 dated 23.07.2012. After one year, the officer will have to appear again for selection and grant of performance allowance.
The FBR said that disciplinary proceeding have been initiated against Chaudhry Jafar Nawaz (IRS/BS-19)Additional Commissioner-IR, Regional Tax Office, Lahore under Government Servants (Efficiency & Discipline)Rules, 1973 and Charge Sheet and statement of allegations were issued on 20.06.2012 on the charges of "Inefficiency" and "Misconduct."
The Competent Authority appointed Shafqat Mahmood (IRS/BS-21)as inquiry officer who conducted inquiry under Government Servants E&D) Rules, 1973 on the charges of "Inefficiency", and "Misconduct". The inquiry officer furnished report on 21.01.2013. On the basis of inquiry report, a show cause notice was issued on 15.02.2013 to the accused officer with the directions to show cause within seven (7) days of receipt as to why one or more penalties including Major Penalty of dismissal from service under Government Servants.
After having examined the relevant record, inquiry report, written defence as well as verbal submissions made by the officer before the authorised officer during the personal hearing, the authorized officer concluded that the Charges of "Inefficiency" and "Misconduct" stand established. Additionally, his wilful absence from duty for a period of 123 days also stand established. The Authorized officer recommended to the authority that the imposition of major penalty of "Reduction to a lower post of Deputy Commissioner (BS-18) for a period of two year" as laid down in sub clause(i)of clause(b)of sub rule(1)of Rule 4 of the Government Servants (Efficiency & Discipline)Rules, 1973. Additionally, the amount of pay and allowances unlawfully drawn by him to which he was not entitled during the period of his unauthorised absence of 123 days (from 02.07.2012 to 01.11 .2012) were also recommended to be recovered from him.

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