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

Section: 6,7

Hydrocarbon Development Institute of Pakistan Act (I of 2006)--- ----Ss.22 & 21---Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 6 & 7---Employees of the Hydrocarbon Development Institute of Pakistan---Disciplinary proceedings against public officials---Procedure to be observed by the Inquiry Officer and Inquiry Committee---Scope, an employee of Hydrocarbon Development Institute of Pakistan, impugned Departmental disciplinary proceedings and penalty imposed on him, inter alia, on ground that such proceedings were not conducted per applicable rules--Validity---Since no regulations under Hydrocarbon Development Institute of Pakistan Act, 2006 had been prescribed for governing efficiency, conduct and discipline of employees of the Institute, therefore until such regulations were prescribed, Government Servants (Efficiency and Discipline) Rules, 1973 would apply---Under R.6(1) of Government Servants (Efficiency and Discipline) Rules, 1973, an authorized officer or Inquiry Committee was to frame a charge and communicate same to an accused together with statement of allegations explaining such charge and relevant circumstances, and in present case, complete disregard was shown in Departmental proceedings against petitioner---Nothing on record revealed a regular inquiry against petitioner was dispensed with --- Proceedings were therefore not in conformity of requirements of Government Servants (Efficiency and Discipline) Rules, 1973, and were liable to be set aside---Constitutional petition was allowed, accordingly. Muhammad Ismail Shahid v. Executive District Officer (Revenue), Lahore 2008 SCMR 609; Shams-ud-Din Khawaja v. Government of Pakistan PLD 2003 SC 187; Tariq Mehmood v. District Police Officer PLD 2008 SC 451; Khuda-i-Nazar v. The Curator 2000 SCMR 1743; Major Muhammad Nawaz v. Pakistan through Secretary Communications, Government of Pakistan, Islamabad PLD 1970 Lah. 811; Clifton and Defence Traders Welfare Association through General Secretary v. President Clifton, Cantonment Board 2003 PLD Kar. 495; Walt Dad v. Mst. Tasneem Kausar 1999 CLC 163; Fazl ur Rehman v. Youtius Ali Gillani 1999 MLD 1565 and PK Muhammad v. Karachi Building…

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