Law: Civil Service Rules,

Section:

(a) Civil service  Disciplinary actionAction taken once, set aside by Tribunal as without proper compliance of rules and not on merit Proceeding taken afresh challenged on plea that action being on same charges could not be taken afresh and was .in violation of earlier adjudication of TribunalContention, held, not sustainable and not against principles of maxim : Autre fois acquit or nemo debet lis vexari pro una et eadem causa. (b) Civil service Disciplinary proceedingsEnquiryNumber of witnessesNot 'materialQuality of evidence to be appreciatedAccused charged of theftEvidence of single eyewitness who caught accused red handed relied upon by Enquiry OfficerNo allegation of mala fide on part of witnessFindings of enquiry, in circumstances, held, not open to objection. Date of hearing : 8th October, 1978.                                                                                                           ORDER B. G. N. KAZI (MEMBER).Chaman Muhammad who was serving as Head Clerk in the Office of Public Relations, Tarbela Dam Project in District Hazara was chargesheeted for misconduct and was also suspended with effect from 15th November 1977. He challenged the order of suspension before this Tribunal on the ground that it was illegal and against the rules. During the pendency of the appeal second showcause notice dated 16th March 1978 was served upon him and he was dismissed from service with effect from 16th April 1978 vide order of the General Manager and Project Director, Tarbela Dam Project. He preferred an appeal against the dismissal order before the departmental authority on 27th April 1978 but no action was taken by the authority. He then filed the instant appeal on 31st August 1978. The main ground of appeal is, that on the basis of allegation contained in the charge sheet the appellant was dismissed even before in 1976 and the aforesaid order of dismissal was challenged before…