Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1960- -- Rr. 3(d) & 4(4), (5) & 1 t?(2)--.Dismissal of civil servant-Service of charge-sheet followed by enquiry in which accused provided opportunity to represent his case but no opportunity afforded to show­cause against proposed action-order of dismissal set aside by civil Court--Department consequently cancelling penalty of dismissal and in compliance with provisions of rides serving slow-cause on accused Departmental authority, however, converting earlier punishment of dismissal into that of removal from service-No irregularity, held, committed in following disciplinary procedure and no interference by Tribunal called for. ORDER MUHAMMAD DAUB KHAN (CHAIRMAN). Mr. Dilber Khan, the respon­dent, was employed as a Radio Technician in the Department of Civil Aviation. He was charge-sheeted on 21st March 1969 on charges of subversion. An Enquiry Committee nominated to investigate into the charges found him guilty. In fact, Mr. Dilber Khan himself accepted his fault by making the following statement before the Enquiry Committee "On reconsideration, I accept my fault and will request the Government that I may very kindly be forgiven for what I did. I have made up my mind that in future I will serve my country. I, therefore, plead for merciful treatment for my previous misconduct." The Director General, Civil Aviation thereupon, dismissed him from Government service vide Department of Civil Aviation's letter dated 30th July 1967, signed by the Deputy Director, for Director General of Civil Aviation. 2. Mr. Dilber Khan filed a suit challenging his dismissal and the Administrative Civil Judge, Rawalpindi decreed his suit by order dated 3-6-i0. The suit was decreed in favour of Mr. Dilber Khan on the technical ground that he was not given a show because notice. The Department of Civil Aviation thereafter cancelled their above mentioned memorandum of dismissal vide their Memorandum of 15th August 1970, and placed the respondent under suspension with effect from 20th August 1969 (f. e. from the date he was originally dismissed). The emoluments that were to be paid during the period of suspension were also…

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