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

Section: 8

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 8----Appointment of Enquiry Officer simultaneously with issuance of charge-sheet-Contention that reply to charge -sheet of person proceeded against should first have been awaited before appointing Enquiry Officer-Held, in circumstances of case no prejudice was caused, since the person proceeded against had volunteered to face inquiry and has led defence----A mere technicality could not be given effect to in courts of writ jurisdiction-Constitu tion of Pakistan (1962), Art. 98. Date of hearing: 20th April 1972.   JUDGMENT In connection with certain departmental proceedings, the petitioner who at the relevant time was a Girdawar, was issued a charge-sheet on 25th of November 1963. The Petitioner submitted his reply on 6-1-1964, in which he refuted the allegations and submitted that he would lead defence. Consequently an enquiry was held by an Inquiry Officer before whom the petitioner appeared, cross-examined the witnesses and took due part in those proceedings. The Inquiry Officer then compiled his report, which went against the petitioner. The petitioner was thereafter issued a show-cause notice on 12-3-1966 along with a copy of the inquiry report. The petitioner submitted his reply which, however, was found unsatisfactory by the Collector, Lahore who on 27-7-1966 dismissed the petitioner from service. The petitioner filed an appeal but without any success, as the same was dismissed by the Additional Commissioner on 15th November 1966, after hearing him. The petitioner filed a revision which was dismissed by the learned Member, Board of Revenue vide order dated 28th of October 1967. The petitioner has come up in writ petition against the aforesaid proceedings and orders under Article 98 of the late Constitution. 2. Learned counsel for the petitioner has argued that at the time of issuing the charge-sheet, the Collector had not provisionally determined the penalty which he intended to impose upon the petitioner and in this way, according to him there had taken place a violation of rule 6 of the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. The…