Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 5,6

National Telecommunication Corporation Service Regulations, 2008--- ----Regln. 5.3, Chap. V---Government Servants (Efficiency and Discipline) Rues, 1973, Rr.5 & 6---Inquiry, dispensation of---Discretion of authorized officer---Principles---Petitioners were employees of Telecommunication Corporation, who were proceeded departmentally for raising derogatory remarks in SMS (Short Message Service) and were dismissed from service without conducting a formal inquiry---Validity---Authorized officer was vested with discretion to either opt for procedure prescribed in R.5 or to resort the one in R.6 of Government Servants (Efficiency and Discipline) Rules, 1973---Exercise of such discretion was subject to forming opinion in the light of facts of the case or in the interest of justice---After the authorized officer decided that it was not necessary to have an inquiry conducted through inquiry committee, then by an order in writing he or she was to inform the employee against whom action was proposed to be taken regarding the grounds and proposed action---Employee was given a reasonable opportunity of showing cause against such action---Fact finding committee could not have formed a conclusive opinion regarding guilt of petitioners, as there was no document on record which would show what text message had been sent---Nothing was available on record to show that even if such message was generated, and the SIM was registered in the name of another person, then whether in the first place same could be termed as 'derogatory' or not---Proceedings against petitioners were not in accordance with Government Servants (Efficiency and Discipline) Rules, 1973---High Court set aside the order passed by authorities and petitioners were reinstated in service with all back benefits---Petition was allowed in circumstances. M.A. Rahman v. Federation of Pakistan and others 1988 SCMR 691; Salman Faruqui v. Javed Burki, Authorized Officer, Secretary, Ministry of Water and Power, Government of Pakistan, Islamabad and another 2007 SCMR 693; Ghulam Muhammad Khan v. Prime Minister of Pakistan and others 1996 SCMR 802 and Jan Muhammad v. The General Manager, Karachi Telecommunication Region,…

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