Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 5 & 8---Removal from Service (Special Powers) Ordinance (XVII of 2000), Ss.3, 5 & 8---Inquiry Committee---Recommendations---Scope---Firstly the recommendations of Inquiry Committee must be given due weight, secondly recommendations of Inquiry Committee are not binding on competent Authority and thirdly where competent Authority decides to disagree with the recommendations of Inquiry Committee, it must do so for valid recorded reasons and cannot act arbitrarily and capriciously. (b) Civil service--- ----Show-cause notice---Object, purpose and scope---By the stage of show-cause notice, inquiry has been held (or dispensed with) and conclusion as to guilt or innocence has been arrived at---Purpose behind serving a show-cause notice is to inform the employee that he has been found guilty in domestic proceedings---Show-cause notice conveys to the employee, mind of competent authority that his conduct deserved a particular punishment---When a particular punishment is stated in the notice, it is indicative to the employee of mental conclusion of the employer as to seriousness of the offence and stakes stacked against him---As punishment must be proportionate to gravity of offence, the punishment proposed in show- cause notice indicates to the employee that it is this which he deserves to get as a consequence of his delinquency---Show-cause notice also shows or indicates to the employee that if he neglects or refuses to submit any reply to show-cause notice, the maximum that competent authority would do is it would come to the conclusion that employee has no defence as far as the punishment proposed is concerned---If employee submits a defence, the competent authority can either accept the defence completely and exonerate him or completely reject the defence of the employee and impose punishment proposed in show-cause notice. (c) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3, 5 & 8---Constitution of Pakistan, Art.199---Constitutional petition--- Reinstatement in service--- Inquiry Committee, recommendations of--- Deviation--- Punishment of compulsory…

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