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

Section: 5(3), (a), (b)

(a) Government Servants (Efficiency and Discipline) Rules. 1973 R. 5(3) Not to hold inquiry through Inquiry Officer or Inquiry CommitteeDiscretion of Authorised OfficerCannot be exercised in a capricious or impetuous wayShould be exercised in a disciplined and responsible manner in the spirit of Rules and on reasonable grounds in the light of facts of caseCharges not such as could be established merely by reference to record nor could reasonably be defended by just making a replyDispensation with inquiry in such circumstances, held, not a legal and proper exercise of discretion. Appeal No. 20K of 1977 (unreported) ; P L D 1955 Sind 78 ; P L D 1964 Lab. 359 and P L D 1969 Dacca 417 rel. (b) Government Servants (Efficiency and Discipline) Rules, 1973 R. 5(3) (a) & (b)Procedure when no inquiry to be conducted Action proposed to be taken should be specifically mentioned and opportunity of show cause should be reasonableNotice mentioning "as to why the major penalty as prescribed in the rules should not be imposed on you"Vague and general referenceShowcause notice, held, not a compliance of rule 5(3) (a)Notice mentioning vague charges which could not possibly be denied with sufficient causeNo source of information with regard to charges indicatedAccused not in position possibly to defend himself in absence of such specific informationDenial of reasonable opportunity of show cause and non compliance with r. 5(3) (b)Action taken on basis of such show cause notice, held, illegal. Date of hearing : 26th November 1978.                                                                                                                       ORDER B. G. N. KAZI (MEMBER).Mr. Jameel Ahmed Bhutto who was compulsorily retired by way of punishment under rule 3 of the Government Servants (Efficiency and Discipline) Rules, 1973 by order contained in Noti fication No. 4/IT/EST,…