ISLAMABAD, Jan 23: No one should be awarded major penalty of dismissal from service without personal hearing and inquiry, remarked Federal Services Tribunal (FST) while announcing the verdict in an appeal by a railway employee challenging his dismissal.

The tribunal hearing the petition of Assistant Station Master Zulfiqar Hussain comprised FST Chairman Arif Chaudhry and Chaudhry Ilyas.

The counsel for the petitioner, Ramzan Khan advocate, while quoting the decision of the tribunal, told this reporter that the tribunal gave the directions that the authorities while dismissing an employee should consider the length of his service and nature of offence committed by him.

It should be seen whether the offence was commensurate with the punishment given to the employee or not, the tribunal added. The tribunal reinstated the petitioner, Zulfiqar Hussain.

Mr Hussain had been dismissed on the allegations that he had deposited Rs15,000 one month late in the government accounts which was misappropriation.

The petitioner, while challenging his dismissal, pleaded that the delay in depositing the amount in accounts occurred because he was on leave.

Moreover, he contended that the dismissal was done without inquiry into the incident.

The counsel for the petitioner, in his submissions before the tribunal, stated that it was not a case of misappropriation rather it was a late deposit in good faith.

Meanwhile, in two other identical appeals by Mohammad Ibrahim and Ghulam Sarwar, the tribunal issued notices to Pakistan Railways for comments.

The two railway employees have challenged their dismissal from service on account of charges in which they have already been acquitted by the court.

Both had been dismissed on charges of theft of sugar bags from cargo train. An FIR was lodged against them and were later tried in court of law, which acquitted them.

After their acquittal they had appealed to their department for reinstatement, but their appeals were rejected.

In a separate case, the FST reserved decision on pre- admission of an appeal by Maulvi Hussain Ahmed against Maulana Ishfaq.

The petitioner, a BS-9 employee, is seeking promotion to BS- 16.

The defendant’s counsel, Ramzan Khan, told the tribunal that according to the 1989 Gazette Notification the eligibility for promotion to BS-16 was atleast five-year service in BS-12.