Law:

Section:

  Government Servants (Efficiency and Discipline) Rules, 1960  Appeal-Personal hearing of accused-Mandatory-Appellate authority bound to provide opportunity of hearing irrespective of whether or not appellant requests for it-Punishment order main tained by appellate authority without giving personal hearing to appellant-Amounts to condemnation unheard-Appellate autho rity's order, held, void. Date of hearing : 12th February, 1978.                                                                                                                             ORDER N. A. CHOUDHURY (MEMBER).-The appellant, Zahoor Ahmad Tirmizi, was appointed as L. D. C. on 16th April, 1955 in the Income-tax Depart ment and promoted as U. D. C. in January, 1964. An application from an Ex-U. D. C. of the same Department was addressed to the Department alleging the appellant as corrupt, living beyond means and misuse of Government money. Some officers of the Department involved in the complaint, urged upon the Commissioner of Income-tax to serve a charge -sheet on the appellant, which was done vide Memo. dated 4th June, 1966. One of the officers who had got the action initiated against the appellant, was appointed as Enquiry Officer to conduct the proceedings. On the findings of the Enquiry Officer, the Commissioner of Income-tax imposed upon the appellant the penalty of censure, vide order dated 30th July, 1968. Furthermore, the appellant was transferred from Hyderabad to Karachi vide order dated 30th July, 1968. The appellant was suspended w.e.f. 6th June, 1970 and further charge-sheeted by the Commissioner of income-tax vide order 1st January, 1969, on the following grounds :- (1) Absence from duty from 15th August, 1968 to 30th September, 1968 was un-authorised and constituted serious misconduct. (2) Filing a suit without prior permission of Government. (3) Wild and…