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

Section: 5,6

Law: Qanun-e-Shahadat Order, 1984

Section: 133

Law: Constitution of Pakistan, 1973

Section: 10A

(a)    Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 5 & 6---Qanun-e-Shahadat (10 of 1984), Art. 133---Disciplinary proceedings---Cross-examination, opportunity not provided---Effect---Civil servants were proceeded against departmentally and major penalty of compulsory retirement was imposed---Validity---Main object of affording fair opportunity of cross examination in defence is to obliterate testimony of witness or witnesses to disprove charge or allegations both in civil and criminal matters, including domestic/departmental inquires conducted under labour laws or civil servant laws--Mere statement of any witness has no legal value unless he is subjected to crossexamination which cannot be envisaged as a concession---It is a vested right and a fundamental limb of dogma of fair trial---During regular inquiry, it is an unavoidable obligation of inquiry officer to provide fair opportunity of cross examining the witnesses without which it was not possible to fix responsibility for charges of misconduct---Such violation of an elementary principle of law sabotaged the fabric and substratum of entirety of disciplinary proceedings and worth and credibility of inquiry---On the basis of defective inquiry, major punishment of compulsory retirement was imposed upon civil servants---In total five persons were indicted in inquiry and on the strength of same inquiry report only two civil servants were punished with compulsory retirement, while one accused was punished with reduction to a lower time-scale and two senior officers were exonerated from inquiry proceedings---Supreme Court set aside judgment passed by Service Tribunal and matter was remanded to departmental authorities for de novo inquiry into the allegations against civil servants---Appeal was allowed.(b)    Constitution of Pakistan-------Art. 10A--- Civil service---De novo inquiry---Object, purpose and scope---Word "de novo" is a Latin expression which means "afresh, from the beginning or anew"--In de novo trial or de novo disciplinary proceedings, Court or competent authority is not required to refer to or rely on any conclusion or outcome of…