Law:

Section:

(a) Civil service- --Disciplinary proceedings-Enquiry Officer ---Change of-Officer appointed as Enquiry Officer expressing previously his opinion on case that major penalty be imposed - Accused expressing lack of confidence in such Enquiry officer and praying for enquiry to be entrusted to some other agency-Request for change of Enquiry Officer, in circumstances, held, should have been accommodated. (b) Civil service- --Disciplinary proceedings - Imposition of penalty-Final show­cause notice after inquiry - Indispensable - Accused has a right to know as to which charges stood proved against him-Copy of findings of inquiry to be supplied with final show-cause notice­-Penalty order passed without supply of findings of inquiry and final show-cause notice, held, suffer from legal infirmities hence liable to be set aside-Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978. Syed Mir Muhammad v. N.-W.F.P. Government P L D 1981 S C 176 rel. (c) Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978­---- --R. 12-Revision-Officers passing penalty order initially and at appellate stage-Sitting in meeting of Authority while deciding revision-Presence of such officers in meeting, held, amounted to their being judge in their own cause and militated against canons of natural justice. (d) Civil service- --Disciplinary proccading-Opportunity of being heard and show­cause notice-Principle of natural justice-Shall always be deemed to be an integral part of rules-Penalty enhanced at appellate stage without show cause and opportunity of hearing-Violation of natural justice-Pakistan Water and Power Development Authority (Efficiency and Discipline) Rules, 1978, r. 11. (e) Civil service- --Disciplinary proceedings - Departmental enquiry - Prosecution witnesses allowed to stay in enquiry room after their statements when other witnesses were being heard-Each one of prosecution witnesses oversaw one an-other - Serious procedural irregularity-Could have been prejudicial to defence of accused. Raja Muhammad Muzaffar for Appellant. Iftikhar Ahmad Shah, Dy. A.-G. with Naseem Sultan for Respondent No. 1. Date of hearing : 20th…

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