Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---   ----Constitution of Pakistan (1973), Art.212(3)---Removal from service on the basis of findings of the departmental enquiry conducted under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 on the charges of a large number of appointments made by the civil servant, without advertising the posts, without preparation of the merit list and also over and above the sanctioned strength---Civil servant was exonerated in two consecutive enquiries, inquiry in the present case, was field ex parte and record showed that there were procedural flaws in the said enquiry---Validity---Authorities were to prove the acts of alleged misconduct against a civil servant and a civil servant could not be held guilty, of the charges merely because he failed to participate in the proceedings---Civil servant was exonerated by the NAB authorities from the charge---Appeals by incumbent civil servants who were alleged to have been appointed in violation of law by the civil servant were accepted and their cases were remanded to the authorities for deciding each case on its own merits---Penalty of removal from service inflicted upon the civil servant, in circumstances, appeared to be harsh, inappropriate and out of proportion and penalty of compulsory retirement from service would be sufficient to meet the ends of justice---Petition for leave to appeal was converted into appeal by the Supreme Court and allowed accordingly. JUDGMENT SYED ALI HASSAN RIZVI, J.--- Through this constitutional petition, the petitioner prayed that respondents be restrained to act discriminatory, illegally, with mala fide and without lawful authority and also sought direction to be issued to the respondents that petitioner be treated at par with the teachers named in paragraph No.8 and also to direct that the case of petitioner to be processed and to be appointed as Associate Professor (Political Science). 2. Facts in brief are that respondent-University advertised a number of teaching positions including that of Associate Professor of Political Science in the year 2005. The criteria advertised according to the University Calendar was…

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