FBR imposes major penalty on IRS officer; demotion awarded and performance allowance stopped

KARACHI: The Federal Board of Revenue (FBR) has imposed major penalty on an officer of Inland Revenue on the charges of inefficiency and misconduct. The board demoted the officer and stopped performance allowance with immediate effect.
In a notification issued by the FBR stated that disciplinary proceeding were initiated against
Ch. 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 June 20, 2012 on the
charges of “Inefficiency”, and “Misconduct”.
The FBR 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 January 21, 2013 . On the basis of inquiry report, a show cause notice was issued on February 15, 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 (Efficiency & Discipline) Rules, 1973 may not be imposed upon him.
The accused officer furnished reply to the show cause notice and sought opportunity of personal hearing which was afforded by the authorized officer / Member (Admin) on January 30, 2014.
After having examined the relevant record, inquiry report, written defence as well as verbal submissions made by the officer before the authorized officer during the personal hearing, the authorized officer concluded that the charges of inefficiency and misconduct stood established. Additionally, his wilful absence from duty for a period of 123 days also stood established. The
authorized officer recommended to the authority 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 unauthorized absence of 123 days (from
July 02, 2012 to November 01, 2012) were also recommended to be recovered from him.
The Competent Authority, Secretary Revenue Division / Chairman FBR
also granted personal hearing to the accused officer on April 17, 2014.
The Secretary Revenue Division / Chairman FBR, being the authority in
this case, after having considered all the aspects and material relating to the case
and the recommendations of the authorized officer held the accused officer guilty
of the charges of “Inefficiency” and “Misconduct” and has imposes major penalty of “Reduction to a lower post of Deputy Commissioner (BS-18) for a period of two years with
immediate effect.
The amount of pay and allowances unlawfully drawn by him to which he was not entitled during the period of 123 days of his unauthorized absence shall be recovered from him.
Ch. Jafar Nawaz (IRS/BS-19) shall have a right to appeal to the
Appellate authority as provided under the relevant Rules.

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