In a recent development, the Federal Board of Revenue (FBR) has awarded with a major penalty to a tax auditor, Sardar Abdul Rab Nashtar, Assistant Director (Audit) of the Inland Revenue Service (IRS).
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IR officer awarded major penalty of removal from service
ISLAMABAD: Federal Board of Revenue (FBR) has imposed major penalty of ‘removal from service’ an officer of BS-18 Inland Revenue Service (IRS) for misconduct.
According to a notification issued by the FBR stated that disciplinary proceedings were initiated against Syed Nasir Jamal Shah (IRS/BS-18) Deputy Commissioner-IR, Corporate Tax Office, Lahore under Rule 7 of Civil Servants (Efficiency & Discipline) Rules, 2020 on account of unauthorized absence from duty w.e.f. September 28, 2020; through Direct Show Cause Notice dated January 11, 2021 on the charges of misconduct.
Syed Nasir Jamal Shah (IRS/BS-18) furnished reply to the show cause notice wherein the officer stated that he applied for leave of 400 days and submitted application to the Commissioner-IR, CTO, Lahore on November 03, 2020 for onward submission to the Member (Admn), FBR, Islamabad and the same was forwarded to the Board on November 09, 2020.
The officer further stated that the allegation of absence without any intimation is based on some omission in record. The accused officer also requested for opportunity of personal hearing before finalization of the proceedings. Secretary, Revenue Division/Chairman, FBR being Authority in the instant case appointed Member (Admn/HR) as Hearing Officer to grant personal hearing to the accused officer under Rule 17 of Civil Servants (Efficiency and Discipline) Rules, 2020.
Hearing Officer/Member (Admn/HR) granted personal hearing to the accused officer on March 15, 2021. During the course of personal hearing the accused officer was asked to put forward his defence, but the accused officer did not have anything substantial to elaborate in his defence.
The contentions of the officer that his higher officers in CTO, Lahore were aware of his leave submission was also found unsatisfactory in purview of the prevailing instruct ions of the government which are very clear i.e. the officer cannot absent himself until and unless the leave applied by the officer is approved by the Competent Authority.
Reference in this regard is made to Establishment Division’s O.M No.1/34/57-ME dated 12-11-1957 which states that “a government servant should not absent himself from office without leave”.
Furthermore, Establishment Division’s O.M.No.6/3/81-RI(DI) dated 26-07-1981 states that “a civil servant continues to be in service till his resignation is accepted and cannot absent himself from his duties without proper leave” Establishment Division’s O.M No.15/6/85-R.2 dated 03-03-1986 states that “if a civil servants absents himself from duty, till his resignation is accepted by the Competent Authority, he is liable to be proceeded against under the (Efficiency & Discipline) Rules which may also result in dismissal from Government Service”. Moreover, leave application of Syed Nasir Jamal Shah (IRS/BS-18) was silent about date of availing of the requested leave.
The failure to comply with the instructions of the government construes misconduct on part of the officer. Furthermore, during the case of personal hearing the accused officer failed to bring up justification/reasons to defend his unauthorized absence from duty. Attitude and conduct of the accused officer was highly casual and irresponsible.
Information collected from field revealed that he is running his own academy in Lahore, doing business and is not at all interested in government service and keeping this as a standby option.
After considering the charges framed in the Show Cause Notice and available record including the reply furnished by the accused officer, the Hearing Officer came to the conclusion that the accused officer has nothing new to add in his defence.
Hearing Officer/Member (Admn/HR) forwarded the case record to the Authority i.e. Secretary, Revenue Division/Chairman, FBR for decision.
Secretary, Revenue Division/Chairman, FBR being Authority in the instant case has decided the major penalty of “Removal from Service” upon Syed Nasir Jamal Shah (IRS/BS-18) Deputy Commissioner-IR, Corporate Tax Office, Lahore under rule 4(3)(d) of Civil Servants (Efficiency & Discipline) Rules, 2020 with immediate effect.
The period of unauthorized absence from duty w.e.f. 28.09.2020 of Syed Nasir Jamal Shah (IRS/BS-18) shall be treated as Extra Ordinary Leave (without pay). Outstanding dues/recoverable amount shall be recovered from Syed Nasir Jamal Shah (IRS/BS-18).
Syed Nasir Jamal Shah (IRS/BS-18) shall have a right to 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.
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FBR official awarded ‘removal from service’ on undeclared money, assets
ISLAMABAD: Federal Board of Revenue (FBR) on Friday imposed major penalty of ‘removal from service’ upon Maqbool Ahmed, a BS-16 officer of Inland Revenue Service (IRS) for concealing assets and money in mandatory declarations besides hiding foreign trips.
The FBR initiated disciplinary proceedings against Maqbool Ahmad, Inland Revenue Officer (BS-16), Regional Tax Office, Faisalabad under Government Servants (Efficiency & Discipline) Rules, 1973 on account of “Inefficiency” and “Misconduct”.
The Chief Commissioner-IR, Regional Tax Office, Faisalabad being Authorized Officer issued Show Charge Sheet/ Statement of Allegations vide letter No. 1626 dated 08.10.2020.
The authorities identified against the official that he had not declared properties made through unknown sources. Further, the official had travelled many times to the US without ex-Pakistan leave. In addition the official failed to provide details of money spent on his foreign trips.
Member (Admn/HR), Authority in the case, has imposed major penalty of “Removal from Service” upon Maqbool Ahmad, Inland Revenue Officer (BS-16) (under suspension) under Rule 4(1)(b)(iii) of Government Servants (Efficiency & Discipline), Rules, 1973.
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Customs official awarded ‘dismissal from service’ for misconduct
ISLAMABAD: Federal Board of Revenue (FBR) on Thursday awarded major penalty of ‘dismissal from service’ upon a customs official on the charges of misconduct.
An office order issued by the FBR stated that disciplinary proceedings under Government Servants
(Efficiency & Discipline) Rules, 1973 were initiated against Riaz-ul-Haq, Inspector (BS-16), Model Customs Collectorate (Enforcement & Compliance), Lahore on October 28, 2014 on account of his unauthorized absence from duty since April 02, 2014.
Ms. Ammara Durrani, the then Deputy Collector (PCS/BS-18), MCC (Appraisement), Lahore was appointed as Inquiry Officer to conduct inquiry on various acts of gross “Misconduct” as prescribed in Rule 3(b) of the Government Service (E&D) Rules, 1973.
The Inquiry Officer submitted her inquiry report April 15, 2015, according to which the charge leveled against the accused officer has been established.
A show cause notice was issued on August 01, 2016 to the accused officer and he was also called for personal hearing by the Authorized Officer on September 10, 2020.
After considering the charge framed in the charge sheet, inquiry report and other documentary evidences, the Authorized Officer is of the considered opinion that the accused officer has been found guilty of “Misconduct” under rules 3(b) of the Government Servants (Efficiency and Discipline) Rules, 1973 and recommended to the Member (Admn)/ Authority to impose upon the accused officer the major penalty of “Dismissal from Service” under Rule 4(1)(b)(iv) of the Government Servants (Efficiency and Discipline) Rules, 1973.
The Member (Admn) FBR being Authority in this case, after having considered all aspects of the case and the recommendations of the Authorized Officer has therefore, imposed the major penalty of “Dismissal from Service” upon Riaz-ul-Haq, Inspector 3 with immediate effect.
The period of his unauthorized absence from duty from 02.04.2014 onwards is treated as Extra Ordinary Leave (EOL) without pay as admissible under the rules.
He shall have the right of Appeal as admissible in the Civil Servants (Appeal) Rules, 1977.
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Lady tax officer awarded major penalty for misconduct
ISLAMABAD: Federal Board of Revenue (FBR) on Wednesday imposed major penalty of ‘compulsory retirement’ upon a lady tax officer on the charges of misconduct i.e. unauthorized absence from duty.
In an order, the FBR said that disciplinary proceedings were initiated under the Government Servant (Efficiency & Discipl ine) Rules, 1973 against Ms. Saira Bano (IRS/BS-18), Deputy Commissioner-IR/OSD, Regional Tax Office, Lahore through Charge Sheet and Statement of Allegations dated October 08, 2019 on the charges of “Misconduct” on account of unauthorized absence from duty since August 01, 2016.
Muhammad Majid (IRS/BS-20), the then Commissioner-IR, RTO-II, Lahore was appointed as Inquiry Officer vide Board’s letter dated October 08, 2019. As per Inquiry Report charges leveled against Ms. Saira Bano (IRS/BS-18) stood established.
On the basis of inquiry report, the accused officer was issued Show Cause Notice on 23.12.2019. An opportunity of personal hearing was granted to the accused officer by Member (Admn)/Authorized Officer on 03.06.2020.
Ms. Saira Bano (IRS/BS-18) vide her letter dated 23.05.2020 regretted to appear for the personal hearing. She was granted final opportunity of personal hearing by Member (Admn)/Authorized Officer on 23.06.2020, however, the officer did not appear for personal hearing. Member (Admn)/Authorized Officer recommended to the Authority i.e Secretary Revenue Division/Chairman FBR, imposition of Major Penalty of “Compulsory Retirement” in terms of Rule 4(1)(b)(ii) of the Government Servants (Efficiency & Discipline) Rules, 1973 upon Ms. Saira Bano (IRS/BS-18).
Secretary Revenue Division/Chairman FBR being Authority in the instant case granted an opportunity of personal hearing to Ms. Saira Bano (IRS/BS-18) on 07.08.2020. Final opportunity of personal hearing was granted by Secretary Revenue Division/Chairman FBR on 02.09.2020. Secretary Revenue Division/Chairman FBR being Authority in the instant case, keeping in view the length of service of the officer, concurred with the recommendations of the Authorized Officer and therefore imposed the major penalty of “Compulsory Retirement” upon Ms. Saira Bano (IRS/BS-18), Deputy Commissioner-IR/OSD, Regional Tax Office, Lahore under rule 4(1)(b)(ii) of the Government Servants (Efficiency & Discipline) Rules, 1973 with immediate effect.
The period of unauthorized absence from duty from 01.08.2016 till date will be treated as Extra Ordinary Leave (without pay). Ms. Saira Bano (IRS/BS-18) shall have right of Appeal as admissible in the Civil Servants (Appeal) Rules, 1977.
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LTU Karachi auditor awarded ‘removal from service’
ISLAMABAD: Federal Board of Revenue (FBR) has awarded major penalty of ‘removal from service’ on an auditor (BS-18) posted at Large Taxpayers Unit (LTU) Karachi for inefficiency and misconduct.
A notification issued on Monday, the FBR said that disciplinary proceedings against Ghulam Fareed Pario, Assistant Director (Audit) (BS-18), Large Taxpayers Unit, Karachi were initiated under the Government Servants (Efficiency & Discipline), Rules 1973 on account of Inefficiency and Misconduct for his unauthorized absence from duty.
The unauthorized absence from duty was borne out of record, the Authorized Officer i.e. Member (Admn) issued a direct Show Cause Notice to the accused.
The accused officer submitted reply to the show cause notice on September 03, 2019 through email and courier.
After having examined the relevant record and written defence, the authorized Officer concluded that willful absence from duty of Ghulam Fareed Pario, Assistant Director (Audit) (BS-18) LTU Karachi w.e.f.16.05.2019 stood established and recommended to the Authority for imposition of major penalty of “Dismissal from Service”.
The Secretary Revenue Division, being the Authority in this case, provided opportunity of personal hearing to the accused on 18.10.2019 which also remained unavailed.
Now therefore, Secretary Revenue Division, being authority in this case, after having considered all aspects of the case and imposed major penalty of “Removal from Service” upon Ghulam Fareed Pario.
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FBR imposes major penalty on senior auditor for obtaining nationality of another country
ISLAMABAD: Federal Board of Revenue (FBR) has imposed major penalty of ‘compulsory retirement’ upon a senior auditor for obtaining citizenship of another country and for visiting abroad by concealing facts of his government job.
The FBR on Friday said that the inquiry proceedings were initiated against Tahir Gul, Senior Auditor (BS-16), RTO Islamabad on the directions of the Federal Services Tribunal (FST); by issuance of Charge Sheet and Statement of allegations by the Authorized Officer i .e. Chief Commissioner, Regional Tax Office, Islamabad.
Mussaratullah Khan, Additional Commissioner, RTO Islamabad was appointed as the Inquiry Officer. The Inquiry Officer submitted Inquiry report dated 02.08.2019, on the basis of which the Authorized Officer recommended to the Authority for imposition of Major Penalty of “Dismissal from Service” under Rule 4(1)(b)(iv) of the Government Servants (Efficiency & Discipline), Rules 1973.
The Authority i.e. Member (Admn) FBR, after considering the facts of the case, available record, recommendations of the Authorized Officer and verbal submissions of the Accused Officer during the personal hearing conducted on 26.09.2019; has been imposed Major Penalty of “Compulsory Retirement” upon Tahir Gul, Senior Auditor (BS-16), Regional Tax Office, Islamabad under rule 4(1)(b)(ii) of the Government Servants (Efficiency & Discipline) Rules, 1973 with immediate effect.
The period of his absence since initial order of Removal from Service on 04.11.2011 till his reinstatement on the direction of FST with immediate effect, on 06.05.2019; shall be treated as Leave without pay and allowance.
Mussaratullah Khan was awarded ‘removal from service’ through a notification on November 04, 2011, on the basis of following facts established against the official:
i) He obtained Passport on mis-representation of facts showing him as an ordinary citizen and not a civil servant.
ii) Proceeded abroad without approval of the competent authority/authorized leave.
iii) Obtained citizenship of another country without permission of the Government.
iv) He furnished bogus medical certificate.
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Customs official awarded major penalty for corruption, misconduct
ISLAMABAD: Federal Board of Revenue (FBR) has imposed major penalty of ‘compulsory retirement’ upon a BS-16 officials of Pakistan Customs on charges of corruption, misconduct and inefficiency.
According to an official note issued on Thursday the FBR said that disciplinary proceedings under Government Servants (Efficiency & Discipline) Rules, 1973 were initiated against Mansab Shah, Inspector (BS-16), Model Customs Collectorate of Preventive, Lahore on account of “Inefficiency”, “Misconduct” and “Corruption” under E&D, Rules 1973 after placing him under suspension vide notification 25.03.2019.
“On receipt of preliminary fact finding inquiry report, all charges were established.”
A Show Cause Notice dated 27.03.2019 was accordingly issued to him and he was also called for personal hearing by the Authorized Officer / Collector, MCC (Preventive), Lahore on 28.05.2019.
After considering the charges framed in the charge sheet and other available record, the Authorized Officer / Collector, MCC (Preventive), Lahore recommended to the Authority for imposition of major penalty of Compulsory Retirement.
The Member (Admn) FBR being Authority in this case, after having considered all aspects of the case and the recommendations of the Authorized Officer has therefore, imposed the major penalty of “Compulsory Retirement” upon Mansab Shah, Inspector, under rule 4(1)(b)(ii) of the Govt. Servants (Efficiency & Discipline) Rules, 1973 with immediate effect.
The period of suspension of the accused officer w.e.f 25.03.2019 till date will be treated as a leave of kind due as admissible under the rules.
The official shall have right of Appeal as admissible in the Civil Servants (Appeal) Rules, 1977.
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FBR sacks senior auditor on corruption charges
ISLAMABAD: Federal Board of Revenue (FBR) has sacked a senior tax auditor on the charges of corruption and misconduct.
In an office order issued on Tuesday, the FBR said that disciplinary proceedings under Government Servants (Efficiency & Discipline) Rules, 1973 were initiated against Mian Muhammad Ibrahim, Senior Auditor (BS-16) (under suspension), Regional Tax Office, Islamabad vide Charge Sheet No.2(95)/2009-IR-III dated 21.02.2017.
Tauqir Ahmad, the then Additional Commissioner, Regional Tax Office, Rawalpindi was appointed as Inquiry Officer to conduct inquiry on account of various acts of omission and commission committed by the accused officer; constituting “Misconduct” and “Corruption”.
The Inquiry Officer submitted inquiry report dated 23.10.2017 according to which the charges of “Misconduct” & “Corruption” stand established against the accused officer.
A Show Cause Notice dated 11.12.2017 was issued to the accused officer by the Authorized Officer and in response, he submitted his defence / written reply. Opportunity of personal hearing was provided to the accused officer by the Authorized Officer, which was availed on 30.10.2018.
After considering the inquiry report, reply of the accused to the Show Cause Notice and his oral submissions during the personal hearing with the Authorized Officer, the accused officer has been found guilty of “Misconduct” and “Corruption” under Rule 3(b)&(c) of the Government Servants (E&D) Rules, 1973.
Now therefore, Member (Admn), being the Authority in this case, after having considered all aspects of the case and the recommendations of the Authorized Officer has imposed major penalty of “Removal from Service” upon Mian Muhammad Ibrahim, Senior Auditor (BS-16) under Rule 4(1)(b)(iii) of the Government Servants (Efficiency & Discipline) Rules, 1973 with immediate effect.
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Customs intelligence official awarded ‘dismissal from service’ on corruption charges
ISLAMABAD: Federal Board of Revenue (FBR) has imposed major penalty of ‘dismissal from service’ upon customs intelligence official on the charges of corruption, misconduct and inefficiency.
In a notification issued on Wednesday, the FBR said that disciplinary proceedings under Government Servants (Efficiency & Discipline) Rules, 1973 were initiated against Muhammad Afzal, Superintendent (BS-16) (Time Scale BS-17) (under suspension), Directorate of Intelligence & Investigation-Customs, Karachi vide Charge Sheet No.2(90)/2012-Cus-III dated 20.04.2017.
Ms. Saadia Sheeraz, the then Additional Director, Directorate of Customs Valuation, Karachi was appointed as Inquiry Officer to conduct inquiry on account of various acts of omission and commission committed by the accused officer constituting “Inefficiency”, “Misconduct” and “Corruption”.
The Inquiry Officer submitted inquiry report dated 05.06.2018, according to which the charges of “Inefficiency”, “Misconduct” and “Corruption” were established against the accused officer.
A Show Cause Notice dated 19.06.2018 was issued to the accused officer and in response, he submitted his defence reply. After considering the inquiry report, reply of the accused to the Show Cause Notice and his oral submissions during the personal hearing with the Authorized Officer on 01.08.2018, the accused officer has been found guilty of “Inefficiency”, “Misconduct” and “Corruption” under rule 3(a),(b)&(c) of the Government Servants (E&D) Rules, 1973.
The Member (Admn), being the Authority in this case, after having considered all aspects of the case and the recommendations of the Authorized Officer has, therefore, imposed the major penalty of “Dismissal from service” upon Muhammad Afzal, Superintendent under rule 4(1)(b)(iv) of the Govt. Servants (Efficiency & Discipline) Rules, 1973 with immediate effect.
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