Author: Mrs. Anjum Shahnawaz

ISLAMABAD: Federal Board of Revenue (FBR) has imposed major penalty of ‘dismissal from service’ upon a senior tax auditor for misconduct.

Syed Ali Hussain, Senior Auditor (BS-16), Large Taxpayers Office, has been removed from service for absence from office without authorized leave.

According to an office order issued on Wednesday, the FBR said disciplinary proceedings were initiated against Syed Ali Hussain, Senior Auditor (BS-16), Large Taxpayers Office, Lahore under Government Servants (Efficiency & Discipline), Rules 1973 on charges of “Misconduct” in terms of Rule 3(b) ibid.

The Chief Commissioner, Large Taxpayers Office, Lahore being Authorized officer appointed Dr. Muhammad Sarmad Qureshi, then Commissioner-IR, (Legal Zone) Large Taxpayers Office, Lahore as Inquiry Officer. Charge Sheet and Statement of Allegations were issued on 01.02.2021 on following charges:

i. Syed Ali Hussain, Senior Auditor, Large Taxpayers Office, Lahore (the then Large Taxpayers Unit, Lahore) was allowed casual leave for 5 days from 05.11.2018 to 09.11.2018 and he was due in office on 12.11.20108 after the weekly holidays on Saturday and Sunday i.e. 10th and 11th November, 2018. As such he is absent from duty since 12.11.2018.

ii. He willfully travelled outside Pakistan frequently without prior approval and sanction of ex-Pakistan leave from the Competent Authority during the period.

iii. Passport No. JR5159161 was issued to him on 27th July, 2016 showing his profession as “Government Employee” but he applied on 18th October, 2018 for the modification of his passport, on the basis of production of fake resignation letter at the time of interview and willfully got a modified passport bearing No. JR5159162 showing his profession as “Other”.

iv. He sent an application through Mr. Atif Noor on 25th April, 2019 requesting for leave for 4 weeks alongwith OPD slip dated 25th April, 2019 showing that he was examined by the Medical Officer of Sir Ganga Ram Hospital, Lahore who recommended complete bed rest for 4 weeks whereas Syed Ali Hussain was out of Pakistan on 25th April, 2019.

In spite of proper service of Charge Sheet and Statement of Allegations sent through UMS followed by final hearing notice sent through UMS and service by hand upon his brother namely Syed SajjadHaider s/o Syed Mehboob Ali CNIC 35202-2414918-1 at House No. 1-A, Qureshi Street No. 44, Sanda Kalan, Lahore on 09.03.2021 which was also affix at the same premises, the accused failed to respond.

Keeping in view the constant non-compliance from accused, a Show Cause Notice dated 17.03.2021 and the corrigendum was published in the “Daily Pakistan”& “Business Recorder” dated 16.04.2021 and 25.04.2021 respectively. In absence of any defence the inquiry officer concluded that all charges levelled against the accused are established and submitted the inquiry report dated 08.06.2021 to the Authorized Officer.

Chief Commissioner, Large Taxpayers Office, Lahore being Authorized Officer in this case, after considering all aspect of the case was of the view that the charges of “Misconduct” against the officer stand established. The Authorized Officer i.e. Chief Commissioner, LTO Lahore therefore recommended imposition of the Major Penalty of “Dismissal from Service” upon the accused in terms of Rule 5(1)(iv) read with 4(1)(b)(iv) of the Government Servants (Efficiency & Discipline) Rules, 1973.

The authority i.e. (Admn/HR) FBR has imposed the Major Penalty of “Dismissal from Service” upon the accused under Rule Rule 5(1)(iv) read with 4(1)(b)(iv) of the Government Servants (Efficiency & Discipline), Rules 1973 with immediate effect. Period of absence from duty w.e.f. 12.11.2018 till dismissal shall be treated as extraordinary leave (EOL), without pay.

Syed Ali Hussain, Senior Auditor (BS-16), shall have right of appeal to the appellate Authority under Civil Servants (Appeal) Rules, 1977 within a period of thirty (30) days from the date of communication of this notification / order.