MUHAMMAD JAMIL BUTT vs THE CHAIRMAN, CENTRAL BOARD OF REVENUE, ISLAMABAD and 5 others
This matter arises from a petition filed against the judgment of the Federal Service Tribunal, which partly accepted the petitioner Customs Inspector's appeal by converting his dismissal from service into removal from service. The petitioner was earlier charge-sheeted, inquired against, and found guilty of misconduct for submitting an incorrect and misleading examination report regarding export consignments containing surgical instruments and footballs in lesser quantities than declared, resulting in loss to the national exchequer. The core legal question was whether the departmental inquiry and the Tribunal's judgment suffered from any legal flaws regarding evidence, lack of personal hearing, or proof of the U.S. Customs report. The Supreme Court held that the departmental inquiry properly relied on special knowledge of rules, that the U.S. Customs report carried an unrebutted presumption of correctness, and that the Service Tribunal's judgment was well-reasoned. The petition was dismissed and leave to appeal was refused, affirming that departmental inquiry findings based on unrebutted foreign customs reports are legally sustainable.
- Whether a departmental inquiry report can rely on foreign customs inspection reports without direct evidence from foreign officers?
- Whether an accused civil servant is entitled to interference by the Supreme Court when departmental misconduct is established through a valid inquiry?
- Whether the Service Tribunal has the discretion to alter a penalty of dismissal to removal from service?
1. ' WALI MUHAMMAD KHAN, J.---Muhammad Jamil Butt, petitioner herein, calls in question the judgment dated 6-7-1993 passed by the Federal Service Tribunal in Appeal No, 23(L)/92 filed by the petitioner challenging the order dated 2-9-1991 of the respondent, dismissing him from service, was partly accepted and the order of dismissal was converted into removal from service.
2. ' The facts of the case, in a nutshell, are that the petitioner being Inspector Customs was posted in the Export Section of Lahore Airport and in that capacity examined the consignments presented by the exporters through Customs Clearing Agents under the Shipping Bills for exporting the goods to U.S.A. Under claim for rebate. The exporter had declared in the bill of export that the said consignment consisted of surgical instruments etc. And he examined 20% of the goods from each of the consignments as reported on the relevant shipping bills and gave the report "Inspected 98 cartons and examined 20 % in the presence of C.A. And found to contain surgical instruments made of S.S. As per invoice". An inquiry through U.S. Customs revealed that the said consignment consisted surgical instruments, footballs etc., in muchless quantities and even less than 20% quantity which is reported to have been examined by him. The petitioner was found to have committed fraud and acted in a manner prejudicial and detrimental to national exchequer and gave a report which was incorrect and misleading. He was accordingly charge-sheeted. The petitioner denied the allegation levelled in the charge-sheet. An Inquiry Officer was appointed, who found the petitioner guilty of misconduct and was dismissed from service vide order dated 2-9- 1991. His departmental appeal having not responded to, appeal before the Federal Service Tribunal was filed which was disposed of through the impugned judgment.
3. ' We have heard Ch. Mushtaq Masood, Advocate, for the petitioner, and have perused the record of the case.
4. ' The learned counsel for the petitioner strenuously argued that no evidence was recorded in the case to establish the guilt of the accused/petitioner and his connivance with the exporters. He also submitted that the charge-sheet was framed after loss of much time; that the U.S. Customs report was not proved through the evidence of any officer of their department; that the inquiry conducted was not independent; that no personal hearing was given to the petitioner; and that discrimination had been made in the award of sentence to the petitioner and his immediate officer the Deputy Superintendent. We are afraid, the contentions have no force. It was a departmental inquiry and the officer entrusted with the same had special knowledge of the rules and practice prevalent in the department and were in a better position to find out the alleged misconduct. The report of the U.S. Customs Authorities, who had no against the petitioner, based on inspection of the consignments, had presumption of correctness attached to it which stood unrebutted. We do not find any legal flaw in the report of the , Inquiry Officer finding the petitioner guilty of misconduct and the order of the Authority based thereon. The impugned judgment of the Service Tribunal is well-reasoned and is not open to interference at this stage.
5. ' Finding no merit in the instant petition, the same is dismissed and leave to appeal refused.