Law:

Section:

(a) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960-----R. 6 -Rule requiring charge-sheet to be accompanied by a statement of allegations made against official accused-At best a rule of procedure-Mere omission to attach such statement with charge ­sheet-Cannot, by itself, constitute denial of reasonable opportunity for defence. The rule that the charge-sheet shall be accompanied by a statement of allegations is at best a rule of procedure governing the preliminary stage of a departmental enquiry into the conduct of a Government servant. If the reply to the charge-sheet is not found to be satisfactory by the competent authority then there has to follow a regular enquiry at which evidence has to be led against the Government servant, and he is to be given a full opportunity to defend himself. Such being the case, the mere omission to attach a statement of allegations with the charge-sheet cannot constitute denial of a reasonable opportunity for defence, unless, of course, it can be shown that prejudice has been caused to the Government servant concerned by such omission, and such objection has been taken at the earliest opportunity. Muhammad Nawaz v. Pakistan P L D 1970 Lah. 81.1 not approved. (b) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- -- R. 6-Charges drawn up elaborately listing details of allegations-Petitioners not objecting to non-supply of statement of allegations alongwith charge-sheet either in their replies to charge-sheets or before Enquiry Officer-Objection taken for first time in response to show-cause notice on completion of enquiry-No prejudice caused to petitioners, in circumstances, and proceedings not vitiated. No prejudice has been caused to the petitioners, for the charges themselves were drawn up in an elaborate manner, and each item listed the details of the allegations made against the petitioners. It is also significant that the petitioners themselves never raised this objection in their replies to the charge-sheets, nor did they make a grievance of this omission before the Enquiry Officer. For the first time this question was raised by them in their replies to the show-cause…

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