Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973------.----- ------.-------Ss. 3 & 4(b)(iii)------.-----Service Tribunals Act (LXX of 1973), S.4------.-----Removal from service------.-----Penalty of removal from service was imposed on the civil servant after holding inquiry against her on allegations of being least interested in service; casual and non-serious attitude towards attending the office; absence from duty for 650 days; illegally drawing pay/regular allowance and special allowance------.-----Charge with regard to illegal drawing of allowances and special allowance during absence was proved during the inquiry------.-----Impugned order was based on the said charge------.-----Penalty of removal from service imposed upon the civil servant was commensurate with the enormity of the allegations levelled and proved against her during enquiry------.-----All three charges were partially proved------.-----Nature and intensity of allegations, did not warrant the imposition of harsh penalty of removal from service------.-----No reason existed for Authorized Officer to recommend the imposition of major penalty of removal from service------.-----Competent authority, was not justified in rubber stamping the recommendations of the Authorized Officer------.-----Holistic approach was required for imposing penalty upon the civil servant------.-----Civil servant remained on leave for 452 days and 756 days, reasons for such long absence, were her family and health issues, and the ailment of her son------.-----Civil servant, upon gaining knowledge of the impugned order, had tendered resignation from service------.-----All said factors cumulatively showed that civil servant had neither the capacity, nor the will to continue her service------.-----Appeal filed by the civil servant, was disposed of by modifying the penalty of "removal from service" to "compulsory retirement from service" from the date of passage of the impugned order. State Bank of Pakistan v. Khyber Zaman and others 2004 SCMR 1426; N.E.D. University of Engineering and Technology v. Syed Ashfaq Hussain Shah 2006 SCMR 453; Mrs. Roqiaza Akbar and others v. Secretary, Education (S&L), N.-W.F.P.…

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