Law: West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960

Section: 6(iv)(c)

  (a) West Pakistan Government Servants (Efficiency and Discip line) Rules, 1960, r. 6(iv)(c)-"Oral inquiry"-When can be resorted to-Such enquiry does not completely dispense with maintenance of record of inquiry proceedings. An oral inquiry, as envisaged by rule 6(iv) (c) could be resorted to (i) if the accused desired or (ii) if the authority so directed. Although the expression "oral inquiry" has not been defined in the rules yet it would presumably be detractive and derogatory from a normal departmental inquiry which envisages, the preparation of a detailed record of the entire proceedings from start to finish. Nevertheless, it does not completely dispense with the maintenance of a record as clearly envisaged by rule 6(iv) (e) which refers to maintenance of "sufficient record of the evidence led at the inquiry." Further support is lent to this view by the provision contained in rule 6(iv) (c) relating to oral evidence to be led in respect of un-admitted allegations and the right of the accused to cross- examine the witnesses. Muhammad Anwar v. Government of Pakistan P L D 1962 Lah. 443 ; Muhammad Ihsan Khan v. Province of West Pakistan P L D 1963 Lah. 295 ; Chief Commissioner, Karachi v. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45 ; Fazal Din v. Commis sioner P L D 1968 Pesh. 30 and Mian Muhammad Hayat S. E. v. Government of West Pakistan and others P L D 1964 Lah. 264 ref. (b) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 6(iv)-Inquiry not conducted in accord ance with statutory Rules; no witnesses examined in presence of accused in support of allegations; accused denied right of cross examination and no record of evidence maintained--Inquiry pro ceedings quashed. University of Dacca v. Zakir Ahmad P L D 1965 S C 90; Fazal Din etc. v. Commissioner etc. P L D 1968 Pesh. 30; Rex v. Bath Compensation Authority (1925) 1 K B 685 and Rex v. Licestor Justices (1927) 1 K B 557 ref. Muhammad Mohsin Siddiqi v. Government of West Pakistan P L D 1964 S C 64 and Mrs. Saeeda Tasnim Ara v. Province of West Pakistan and others P L D 1967 Lah. 1112 rel. Date of hearing: 14th April 1970.   JUDGMENT…