| Citation(s) |
|---|
| 1981 SLG 1287 1981 SLD 1287 1981 PLD 176 |
Supreme Court of Pakistan
Civil Appeal No. 64 of 1979, decision dated: 16-03-1981. (Onappeal from the judgment and order. of the N.W.F. P. ServiceTribunal, Peshawar, in Appeal No. 2 of 1975).
ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND NASIM HASAN SHAH, JJ
Civil Appeal No. 64 of 1979, decision dated: 16-03-1981. (Onappeal from the judgment and order. of the N.W.F. P. ServiceTribunal, Peshawar, in Appeal No. 2 of 1975).
ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND NASIM HASAN SHAH, JJ
Syed MIR MUHAMMAD vsN.W.F.P.GOVERNMENT THROUGH CHIEF SECRETARY
Law:
Section:
(a) N: W.F. P. Government Servants (Efficiency and Discipline) Rules, 1973--- R. 5-Inquiry Officer, appointment of-Inquiry Officer though to be appointed by authorised Officer (Chief Justice in case in hand) yet appointment of Inquiry Officer by authorised Officer in consultation with other members of administrative committee having caused no prejudice to accused Officer, appointment, held, not invalid .[Prejudice-Civil service]. (b) N.W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973---R. 5-Inquiry Officer-Bias-Decision taken in a meeting of Judges firstly to appoint a certain Judge as Inquiry Officer and secondly to move Government to suspend accused Officer-Decision appointing a Judge to hold inquiry not at all touching upon merits of inquiry and it being not at all necessary for purpose of suspension to examine merits of case, participation of Inquiry Officer in meeting of Judges, held, cannot disqualify him from holding inquiry.-[Bias]. (c) N.W. F. P. Government Servants (Efficiency and Discipline) Rules, 1973- R. 5 read with r. 10-A (added by Correction Slip No. SAS-III. (S&GAD) 1-80/73-Representation through lawyers-Point that insertion of r. 10-A showed that without such rule having been in existence, a counsel could appear in proceedings under Discipline Rules not appearing to have been pressed before Service Tribunal and also not taken in petition for special leave to appeal filed before Supreme Court, hence, not allowed to be raised.-[Counsel]. (d) N: W. F. P. Government Servants (Efficiency and Discipline) Rules, 1973---R. 6(1)(a)-Charge-Statement of allegations-Constituents of Statement of allegations not showing material forming basis of charge and further material also brought on record during inquiry proceedings-Terms of r. 6 warranting communication to accused at very outset of all allegations explanatory of charge and all other relevant circumstances proposed to be taken into consideration, such conditions, held, not fulfilled, hence, final action taken upon inquiry invalidated on ground of accused having not been apprised of all circumstances proposed to be taken into consideration-Accused Officer however made aware of such…
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