| Citation(s) |
|---|
| 2008 SLG 1326 2008 SLD 1326 2008 PLC 910 |
Supreme Court of Pakistan
Civil Review Petition No.25 of 2005 in Civil Petition for Leave to Appeal No.1902 of 2003, decided on 6th February, 2008, Date of hearing: 6th February, 2008. (On review from the judgment dated 17-3-2005 passed by this Court in C.P.L.A No.1902 of 2003).
ABDUL HAMEED DOGAR, C.J. IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Muhammad Munir Peracha, Advocate Supreme Court for Petitioner. Ms. Nahida Mehboob Elahi, D.A.G. and Iftikhar Anjum, S.O. (Estt.) for
Respondents
Civil Review Petition No.25 of 2005 in Civil Petition for Leave to Appeal No.1902 of 2003, decided on 6th February, 2008, Date of hearing: 6th February, 2008. (On review from the judgment dated 17-3-2005 passed by this Court in C.P.L.A No.1902 of 2003).
ABDUL HAMEED DOGAR, C.J. IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Muhammad Munir Peracha, Advocate Supreme Court for Petitioner. Ms. Nahida Mehboob Elahi, D.A.G. and Iftikhar Anjum, S.O. (Estt.) for
Respondents
EHSANULLAH KHAN, EX-ASSISTANT DIRECTOR, F.I.A
VS
FEDERATION OF PAKISTAN through Secretary Establishment and another
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 4,5(1)(iv),6-A(2)
Government Servants (Efficiency and Discipline) Rules, 1973--- ---Rr. 4, 5(1) (iv) 6-A (2) [as amended vide S.R.O.74 (I)/2001, dated 2-2-2001]---Inquiry procedure---Penalty, imposition of---Exoneration of Civil servant of charge by Authorized Officer---Non-service of fresh charge sheet on civil servant---Effect---Where pursuant to order for de novo enquiry, authorized officer recommended for imposition of penalty on civil servant within the ambit of R. 5(1)(iv) of Government Servants (Efficiency and Discipline) Rules, 1973, and proceedings were carried out thereunder, then service of amended charge sheet and statement of allegations upon civil servant could be taken in due compliance of R.6-A(2) thereof---Where authorized officer exonerated civil servant of charge, then charge sheet served on him earlier would lose its efficacy and could not satisfy requirement of R. 6-A(2) of the Rules---Where authority decided to proceed against civil servant under R.6-A(2) of the Rules, then authority would be legally bound to serve a fresh notice/charge sheet on civil servant, who should be given fair opportunity of showing cause against proposed action---No one could be condemned unheard in violation of maxim audi alteram partem---Principles. Chief Director, Central Directorate of National Saving, Islamabad v. Rahat Ali Sherwani 1996 PLC (C.S.) 383=1996 SCMR 248; Maqsood Ahmed Sh. v. Islamic Republic of Pakistan through Secretary, Establishment 1987 SCMR 1562 and Muhammad Younas v. Secretary Ministry of Communications 1993 SCMR 122 ref. JUDGMENT ABDUL HAMEED DOGAR, C.J.--- Through the instant petition, order dated 17-3-2005 passed by this Court in C.P.L.A. No.10902 of 2003 is sought to be reviewed. 2. Facts of the case in brief are that the petitioner joined F.I.A. as Inspector on 15-7-1976. He was promoted as Assistant Director on 13-10-1998. On 15-4-1997 he was placed under suspension and was served with a charge sheet on 17-5-1997. Mr. Zia-ud-Din, Deputy Secretary, Interior Division was appointed as an Inquiry Officer. His inquiry report was considered to be wanting in many respects by the authorized officer i.e. Secretary, Ministry of Interior, who…
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