Law: Pakistan Cantonment Servants Rules, 1954

Section: R.7(a),50

Pakistan Cantonment Servants Rules, 1954-- ----Rr. 7(a) & 50--Appointment as Mali--Absorbed as Telephone operator--Absence from duty--Initiation of disciplinary proceedings--Appointment of inquiry officer--Recommendations of inquiry officer--Deduction of 1/4 amount from salary--Removal from service by authorized officer--Departmental appeal--Rejected--Time barred--Filling of writ petition--Dismissed--Executive discretion--Under Rule 50 of Cantonment Rules, Authority of petitioner is President, Cantonment Board and Authorized Officer is Cantonment Executive Officer--Procedure of inquiry under said Rule is that if a major penalty is to be imposed Authorized Officer is required to forward case to Authority along with charge and statement of allegations--In instant case, impugned order has been passed by authorized officer and has not been forwarded to Authority--Authorized Officer, if disagreeing with inquiry officer, should have issued fresh notice to petitioner and given reasons for his disagreement and justification for visiting petitioner with a graver penalty--It is also noticed that earlier absence of petitioner from duty, while working as a Mali, weighed with High Court in upholding his removal order--Petitioner had absented himself from work on 25.01.2010, 08.05.2010 and 10.05.2010--According to record, petitioner has already been penalized for absenting himself on said dates and more importantly inspite of this background, he on basis of his "satisfactory performance," was absorbed against a permanent higher post i.e., Telephone Operator in BPS-02, on 23.08.2010--There is yet another dimension of case--Court can examine and judicially review executive discretion exercised by authorized officer on ground of proportionality--Alongside reasonableness, proportionality is now a central standard directing action of executive branch--Point of departure is that a disproportionate act that infringes upon a human right is an illegal act--Court, which guards legality of acts of executive branch, performs judicial review over these acts and examines whether they fulfill tests of proportionality--Applying test of proportionality to executive discretion exercised…

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