Law: Civil Service Rules,

Section: 13,14

Civil Service Rules,   rule 14.13 (1)----Second show-cause notice not served on Patwari---Dismissal order set aside.   Sub-rule (1) of rule 14.13, Civil Service Rules is cast exactly on the lines of subsection (3) of section 240 of the Government of India Act, 1935, and Clause (2) of Article 181 of the Pakistan Constitution.   Neither the charge sheet served on the petitioner Patwari call ing upon him to show cause why he should not be gi-, en the "severest punishment" for the charge of absence from duty against him, nor the inquiry officer's report, a copy of which was supplied to the petitioner and which contained the suggestion that he should be removed from service could be deemed sufficient to ensure compliance with the terms of rule 14.13. The "show-cause" notice under rule 14.13 must be served on the person concerned at the appropriate stage when a tentative finding can be reached and has been reached as to the punishment proposed to be imposed on him.   Where the above mandatory provision had been ignored, the proceedings were vitiated and the order of dismissal based on them was illegal and void.   P L D 1948 P C 150 and P L D 1957 Lah. 925 ref.     ORDER   This is a revision petition filed by Rahim Bakhsh, Patwari against the order of his dismissal passed by the Collector and up held by the Commissioner, Rawalpindi Division, by his order, dated 17-9-1957.   The Patwari was found absent for 13 days from his circle; his application for leave which. he sent up from Lahore was not accepted as bona fide, and he was dismissed. The inquiry against him was made by the Tahsildar who in his preliminary report dated 15-3-56, observed that the Patwari did not seem to take his service seriously and he should be removed from service. A copy of this report was supplied to the petitioner. When, as a result of the Tahsildar's report, he was charge-sheeted, he was called upon to explain why he should not be given the "severest punishment" for the charge against him. Thereafter the Collector ordered his dismissal on the 3rd August 1956. No second "show-cause" notice in terms of…