Case Details

Citation(s)
1967 SLG 592 1967 SLD 592 = 1967 PLD 1112
Lahore High Court
Writ Petition No. 1135 of 1964, decided on 5th December 1966.
Presented By: Sajjad Ahmad Jan and Ataullah Sajjad, JJ  
Munir Hussain for Petitioner.   S. M. Bashir, A. A.‑G. for
Respondents Nos. 1, 2, 4 and 5.  
Respondent No. 3 in person.   Dates of hearing : 10th and 11th October 1966.

MRS. SAEEDA TASNEEM ARA‑Petitioner  

VERSUS

  THE       PROVINCE   OF       WEST             PAKISTAN   AND OTHERS‑Respondents

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,…
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