Law: Khyber Pakhtunkhwa Service Tribunal Act, (I of 1974)

Section: 4

Law: Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011

Section: 5, 7

Khyber Pakhtunkhwa Service Tribunals Act (I of 1974)------S. 4--- Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011, Rr. 5 & 7---Constitution of Pakistan, Art.212(3)---Misconduct---Proof---Death of civil servant---Departmental proceedings---Object, purpose and scope---During pendency of service appeal civil servant passed away, therefore, disciplinary actions initiated by authorities were set aside by Service Tribunal---Validity---Predominant goal of initiating departmental proceedings including inquiry is to decide whether allegations of misconduct in show cause notice are proven and then to confront delinquent regarding why disciplinary action, including imposition of minor or major penalty should not be taken---Before taking such drastic action, a fair opportunity should be provided to employee to defend allegations---In departmental inquiries, standard of proof is based on balance of probabilities or preponderance of evidence---Regular inquiry is commenced only when an even handed and fair opportunity to present a defense is offered---Service Tribunal in determination of facts and law, is the highest appellate forum with exclusive jurisdiction over matters relating to terms and conditions of service of civil servants---Supreme Court may grant leave to appeal under Article 212 (3) of the Constitution, against judgment, decree, order or sentence of Administrative Court or Tribunal only if it is satisfied that the case involves a substantial question of law of public importance, which is otherwise sine qua non---Supreme Court declined to interfere in judgment passed by Service Tribunal as no such question was involved---Petition for leave to appeal was dismissed and leave was refused.Secretary Revenue Division v. Iftikhar Ahmed Tabbasum PLD 2019 SC 563 rel. JUDGMENT:MUHAMMAD ALI MAZHAR, JUSTICE:---.---This Civil Petition for leave to appeal is directed against the Judgment dated 26.02.2024, passed by the Khyber Pakhtunkhwa Service Tribunal, Peshawar ("Tribunal"), in Service Appeal No. 1267/2023.2. In fact, the deceased respondent was performing his duty in the Elementary and Secondary Education Department, Khyber…

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