In a significant development, the Federal Board of Revenue (FBR) has withdrawn penalties imposed on seven customs officials, in compliance with judgments from the Federal Service Tribunal (FST) and the Supreme Court of Pakistan.
The decision, outlined in a notification issued on Monday, reverses the penalties initially imposed on the officers, highlighting the adherence of the FBR to the legal proceedings and judicial decisions.
The FBR justified its decision by referencing the FST judgment dated July 24, 2017, passed in appeals No. 370 to 372, 391, 396 to 398(P)CS-1025 & 1382 CS-2016. This judgment was duly upheld by the Supreme Court of Pakistan through an order dated October 09, 2018, in Constitutional Petitions No. 3382 to 3389/2017, and another order dated January 24, 2019, in CRPs No.766 to 773/2018.
Consequently, the FBR has withdrawn ab-initio the penalties imposed through Notification No. 1964-C-III/2014, which was issued in October 2014. This notification had initially imposed a “Major penalty of reduction to a lower stage (02 stages lower)” upon seven customs officials. The withdrawn penalties are as follows:
1. Azeem Khan, Inspector, Model Customs Collectorate (MCC), Peshawar
2. Hayat Muhammad Khan, MCC Peshawar
3. Ashraf Noor, Deputy Superintendent, MCC Peshawar
4. Muhammad Chanzaib, Inspector, MCC Peshawar
5. Tariq Masood, Superintendent, MCC Peshawar (now retired)
6. Irshad Ghafoor, Inspector, MCC Peshawar
7. Syed Asif Ullah, Inspector, MCC Peshawar (Minor Penalty of withholding of one annual increment)
The withdrawal of penalties underscores the FBR’s commitment to upholding legal decisions and respecting the due process of law. The Supreme Court’s affirmation of the FST judgments appears to have influenced the FBR’s decision to rescind the penalties, ensuring fairness and adherence to established legal norms.
This development is significant not only for the affected officials but also for the broader administrative and legal framework governing the actions of government institutions. The FBR’s response demonstrates a commitment to rectify decisions in light of judicial orders, promoting accountability and fairness in the functioning of government bodies.
As the FBR takes steps to align its actions with legal rulings, it sends a positive signal regarding the adherence to legal principles within the organization. The withdrawal of penalties is likely to be welcomed by the affected officials and their legal representatives while contributing to the overall transparency and accountability of the FBR’s operations.
