Law:

Section:

(a) Defence Service Classification Control and Appeal Rules, 1961- - Departmental enquiry - Preliminary probe made to investigate nature of loss etc. without subjecting accused (appellant) to any inquiry, held, not a bar to holding proper inquiry with charge-sheet to accused. (b) Civil services- -- Disciplinary action-Personal hearing at stage of appeal-Though not an absolute right yet should not be refused if demanded-Denial without reason, held, may of necessity vitiate proceedings-Silence of rules in respect of such right-Does not necessarily import its non-­existence-Natural justice. P L D 1959 S C (Pak.) 46 and P L D 1967 S C 62 ref. (c) Service Tribunals Act (LXX of 1973)- -- S. 4-Scope-Opinion of competent authority in disciplinary matters based on deficient evidence-Not sacrosanct - Removal from service based upon evidence of co-accused containing inconsistencies and un­corroborated, held, travesty of justice hence set aside. M. S. Siddiqi for Appellant. S. M. Shahudul Huque for Respondent. ORDER Habib-ur-Rahman's premature retirement from service as a result of Departmental Inquiry, confirmed in departmental appeal, is subject-matter of present proceedings under Service Tribunals Act. The departmental order passed in appeal is dated 31-10-1969. Brief resume of facts, to understand the argument offered by and against the appellant, will be necessary. The appellant was employed as Dairy Assistant, Military Farm, Malir Cantonment, Karachi. In Septem­ber 1967, some Milk Powder. allegedly removed from the Farm Stores, was recovered by F. I. U. while certain persons were marketing it in the open Bazar. The investigation led to inquiry for determining amount of loss and responsibility. The Court of Inquiry, under Board of Officers, was commissioned to enquire into the circumstances under which milk powder weighing 70 (seventy) pounds, was pilfered on 27-9-1967 and then marketed. The Board was headed by Major Nasar Ullah Khan who had Captain Sibt-i-Hassan and 2nd Lieutenant Z. A. Khan with him on the Board. The Board examined Messrs Khadim Hussain, Noor Hassan, Jamma Gut, Kala, Muhammad Hussain. Muhammad Zaman, Ali Bukhsh, Hakim Ali, Ghulam Muhammad, Muhammad…

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