Law:

Section:

Balochistan Service Tribunal Act, 1974-- ----S. 4--Removal from Service (Special Powers) Ordinance, 2000, S. 5(4)--Civil servant--Major penalty of reduction to lower post for five years was imposed--Question of--Whether any regular inquiry was conducted in matter since a major penalty was imposed--Validity--Civil servant was directly appointed as Naib Tehsildar on regular basis by method of initial recruitment--Show-cause notice--Charge of preparation of wrong mutation entry--Held: When a major penalty is to be imposed on a civil servant a regular inquiry is to be held to determine the factual basis of the allegations which are required to be proved in accordance with law--It is true that authority has discretion to hold or dispense with regular inquiry but it is also equally true that such discretion is to be exercised in fair and judicial manner--Constituted major penalty and could not be inflicted without holding full fledged inquiry which could not be dispensed within terms of S. 5(4) of Removal from Service Ordinance--Although initial inquiry without associating the civil servant was carried out in the instant case being a summary procedure as provided under Ordinance, 2000 but dictates of justice requires that the mode providing better opportunity of defenceto civil servant should be applied specially in cases involving factual controversy--Further held: Order passed against the civil servant in derogation of judicially propounded dicta justice is not only to be done but should undoubtedly and manifestly appear to have been done--Impugned order was hereby set aside. Disciplinary Proceedings-- ----Vitiation of--Question of reversion--Direct recruit to post cannot be reverted to a lower post--Civil servant was directly appointed as Naib Tehsildar by method of initial recruitment--Charge of preparation of wrong mutation entry--Major penalty of reduction to lower post was imposed--Validity--Vitiation of entire disciplinary proceedings as well as impugned order--Civil servant could not be reduced in rank to a post which civil servant never held--Question of reversion can only arise when a valid and proper promotion has been made--Direct recruit to a post…

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