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Government Servants (Efficiency and Discipline) Rules, 1975-- --- Rr. 2 (2), (3) & 5 (2) read with Notification No. S. R. O. 1562 (1/73) dated 7th November, 1973-Charge issued by Officer not yet delegated powers of "Authorised officer" i.e. prior to notification dated 7th November, 1973-Nullity in law-Consequential proceed­ings and penalty not sustainable. Hyder Raza Naqvi for Appellant. Syed Mohammad Shahudul Huque for Respondent. Date of hearing a 15th February, 1979. ORDER SHAH ABDUR RASHID (CHAIRMAN)-The appellant herein, Mr. S. M. Tahseen Taqvi who was employed as Accountant, Census Organisation in the Interior Division, Karachi, was served with a charge-sheet dated 26th January, 1973 by Brig. Abdul Latif, Census Commissioner and Ex Officio Joint Secretary. He was directed to submit his written defence to Mr. M.A. Khadim, Assistant Census Commissioner, Karachi who was appointed Enquiry Officer to conduct the proceedings. The statement of allegations was also appended to the charge-sheet. As a result of enquiry the appel­lant was found guilty of the charge of mis-conduct and was removed form service by Brig. Abdul Latif himself by order dated 5th December, 1973. From this order Mr. S. M. Tahseem Taqvi preferred an appeal the result of, which was communicated to him by Brig. Abdul Latif vide his letter dated 27th April, 1974, stating therein that the Additional Secretary, Interior Division to whom the appeal was addressed has rejected his appeal. From this order the appellant has come up in appeal before us under section 4 of the Service 'Tribunals Act 1973. 2. The appeal can be disposed of on the short ground that the proceedings against the appellant have been taken by the officer concerned without proper jurisdiction. The Government Servants (Efficiency and Discipline) Rules, 1973 in rule 5 (2) read with rule 6 provide that the charge sheet together with the statement of allegations shall be framed and communicated by the authorised officer. It is further provided in sub-rule (2) of rule 5 that a decision to hold enquiry shall be made by the authorised officer. Sub-rule (4) of rule 5 is to the effect that on the report of the Enquiry Officer the…

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