Law:

Section:

(a) Civil service  Departmental enquiry--Right of cross-examination of prosecution witness-Vital-Verbal statements of witnesses used for ultimate punishment-Such witnesses examined in absence of accused-Denial of vital right, held, vitiated proceedings. (b) Civil service  Departmental enquiry-All defence witnesses cited by accused- Eliminated by Enquiry Officer--Serious violation and denial of vital right of defence. Date of hearing: 11th January 1981.                                                                                                                                                                                               ORDER N. A. CHOUDHURY (MEMBER).-The appellant, Dr. Rab. Nawaz Khan, was recruited in the Health Department of Government of N. W. F. P., with effect from 19-7-1954. He was confirmed as Medical Officer in the former senior scale with effect from 1-7-1979. On 18-1-1975, his services were placed at the disposal of the Federal Government in the Ministry of Health for appointment as Associate Physician/Civil Surgeon. For this post, the appellant had been selected by the Federal Public Service Commission in accordance with the prescribed rules. In the orders issued by the Provincial Government, it was clarified that the appellant still retained his lien on his post in the Provincial Government till his confirmation in the Federal Govern ment is ordered. In the notification issued by the Federal Government on 27th February, 1975, the appellant was notified as having been appointed as Associate Physician/Civil Surgeon in Grade 18 in the Central Government Polyclinic, on ad hoc basis with effect from 4-2-1975 until further orders. The appellant was transferred…