Law:

Section:

   (a) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 6 (iii) (b), (iv) (c)-Rule 6 regulative of inquiry procedure-Evidence to be heard orally and Government servant given opportunity to cross-examine witnesses appearing against him and summon witnesses in defence-Inquiry officer ordering some witnesses to be summoned and directing Government servant to produce affidavits of others-No reasons given for adopting such course-Order, directing production of affidavits, held, not proper; amounted to refusal to summon defence witnesses-Government servant, however, ultimately deciding to drop defence witnesses and thus acquiescing in such order-Enquiry cannot, in circumstances, be held to be defective.   West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 9-Expression "reasonable opportunity to show cause"-Substantial provision of law-Intended to provide opportunity to Government servant to show cause and produce evidence against proposed action-Government servant must, however, himself move punishing authority for opportunity to rebut allegations by production of evidence-Person never asking for such opportunity, held, not deprived of opportunity to show cause.   Muhammad Ihsan Khan v. The Province of West Pakistan P L D 1963 Lah. 295 distinguished.   Administrative authority-Not completely immune from judicial scrutiny-Such Tribunals under obligation to observe elementary and essential principles of fairness when they take decisions after ex post facto investigation into facts resulting in consequences affecting a person adversely.   Chiff Commissioner, Karachi and another v. Mrs. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45; Ikram Bus Service and others v. Board of Revenue, West Pakistan and others P L D 1963 S C 564 and The University of Dacca through its Vice-Chancellor and another v. Zakir Ahmad P L D 1965 S C 90 rel.   West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 6-Departmental inquiry vis-a-vis judicial proceedings-Character and nature of both akin-Purpose of observing fairness in both, to maintain public confidence-Mind of…