Law: Government Servants (Conduct) Rules, 1966

Section: 4(1)(b)(iii),5(1)(ii),6

Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4 (1) (b) (iii), 5 (1) (ii) 6---Employee of Higher Education Commission---Allegation of misconduct---Removal from service---Copy of inquiry report having not been provided to the employee along with show cause notice---Effect---Employee was removed from service after conducting regular inquiry---Contention of employee was that statement of allegations was not provided with the charge sheet and no inquiry report was accompanied with the show-cause notice---Validity---Copy of inquiry report was not given to the employee along with show cause notice---Nothing was on record that charge sheet was accompanied with the statement of allegations against the employee---Charge sheet was not issued by the order of Authorized Officer---Even impugned order whereby penalty had been imposed was not issued by the Authorized Officer---Department had not addressed the grounds taken by the employee in his departmental appeal---Departmental proceedings had been conducted in violation of Government Servants (Efficiency and Discipline) Rules, 1973, which were liable to be set aside---Impugned order whereby major penalty of removal from service had been imposed was set aside---Department would be at liberty to re-initiate departmental proceedings against the employee in accordance with Government Servants (Efficiency and Discipline) Rules, 1973---Constitutional petition was allowed, in circumstances. Syed Mir Muhammad v. N.-W.F.P. PLD 1981 SC 186; Syed Sharafat Ali Nadeem v. Federal Service Tribunal 1987 SCMR 1774 and Dr. Mrs. Khalida Razi v. Federation of Pakistan 1993 PLC (C.S.) 10 rel. JUDGMENT MIANGUL HASSAN AURANGZEB, J:- Through the instant writ petition, the petitioner, Munawar Ali Jalbani, impugns the order dated 01.03.2019 passed by the Higher Education Commission (H.E.C.), whereby his departmental appeal against the order dated 14.03.2016 was dismissed. Vide the said order dated 14.03.2016, major penalty of removal from service was imposed on the petitioner under the Government Servants (Efficiency and Discipline) Rules, 1973 (E D Rules) as adopted by the H.E.C. 2. The record shows that on 22.01.2007, the…

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