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

Section: 4(1)(b)(i)

Law: Constitution of Pakistan, 1973

Section: 10A

(a) Government Servants (Efficiency and Discipline) Rules, 1973 [since repealed]--- ----R. 4(1)(b)(i)---Constitution of Pakistan, Art. 10A---Malpractice, misconduct and misuse of official decision---Major penalty of reduction to lower post--- Whether employee (appellant) was provided a proper right of defence during inquiry proceedings---Held, that departmental proceeding against the appellant was initiated on issuing show cause notice with the statement of allegations, the appellant submitted reply to the show cause notice and since his reply was not found satisfactory, therefore, an impartial domestic inquiry was conducted against him---During the inquiry proceedings, ample opportunity was afforded to the appellant, his statement was also recorded and before taking disciplinary action, second show cause notice was also issued to him---Even in the departmental appeal, the right of audience was provided by the appellate authority to the appellant---Right to a fair hearing and or trial necessitated that a person should be afforded a fair opportunity to defend the inquiry or trial against him---In the present case, it was clearly manifesting from the record that proper right of defence was provided to the appellant in the inquiry proceedings before taking disciplinary action---No bias, unfairness or partiality was alleged or pointed out against the inquiry committee which might have any element to cause prejudice or setback to the case of appellant during inquiry---Appeal was dismissed and major penalty of reduction to lower post was maintained. (b) Government Servants (Efficiency and Discipline) Rules, 1973 [since repealed]--- ----R. 4(1)(b)(i)---Constitution of Pakistan, Art. 10A---Employee of National Saving Center---Unauthorized and illegal checking and retention of prize bonds---Major penalty of reduction to lower post---Plea that that no loss was caused to the government or the public exchequer as the prize bond, which won the prize was not encashed by the appellant---Held, that record showed that encashment was immediately stopped when the scam was disclosed to the higher management---Since present case was one of misconduct, the plea of non-encashment of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492