Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973- ----R. 5 (3) - Show-cause notice procedure and dispensing with enquiry-Discretion of Authorised Officer to be exercised judiciously and for substantive reasons-Charge of absence from duty denied by accused in his explanations before proceedings initiated­ Nature of charges such as could not be legally established unless a proper inquiry held and accused confronted with evidence against him - Adoption of summary procedure of show-cause notice, in circumstances, held, ex facie improper and unlawful - Resultant penalty order based upon no evidence, held, liable to be struck down. (b) Civil service- --Misconduct - Insubordination and indiscipline - Refusal to perform duty after office hours-Amounts to insubordination and indiscipline-Civil servant liable to work even after office hours if required to do so in exigencies of service. M. S. Siddiqi for Appellant. M. Shahudul Haq for Respondent No. 1. Date of hearing : 12th January, 1983. JRDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant then a Driver in the Population Division; was required by the Deputy Director (Transport) of the said Division, vide letter dated the 20th March, 1980, to explain the reasons of his unauthorized absence from duty on .25-2-1980, 28-2-1980, 1-3-1980 to 43-1980 and 13-3-1980 to 16-3-1.980 and also as to why disciplinary action' should not be taken against him for the said lapses. In reply, thereto the appellant denying the charge of unauthorized absence, submitted that he .was not absent on the dates mentioned above. Thereafter a show-cause notice dated the 2nd August, 1980, was served upon the appellant by the authorised officer under rule 5 (3) of the Government Servants (Efficiency and Discipline) Rules, 1973, requiring him to show-­cause as to why the penalty of removal from service should not be imposed on him for misconduct on account of his unauthorized absence from duty on the above-mentioned dates and also on 30-6-1980. The appellant vide his reply dated the 9th August, 1980, again denying the charges asserted that he was not absent from duty on the above-mentioned dates: He was, however, informed vide a…

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