Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- --Ss. 2 (a) & 4 read with Civil Servants Act (LXXI of 1973), S. 2 (t) (b) (iii) and Workmen's Compensation Act (VIII of 1923), S. 2 (n)­Head Train Examiner of Pakistan Railway employed in Divisional Office-Not qualified to be treated as "workman" under Workmen's Compensation Act, 1923-A Civil servant-Within jurisdiction of Service Tribunal. (b) Civil service- ----Disciplinary action-Penalty order-Communication of-Order passed by competent authority after due consideration -Communica­tion over signature of subordinate officer-Does not make it invalid or defectives. (c) Government Servants (Efficiency and Discipline) Rules 1973--- --R. 6 (4)-Enquiry procedure-Enquiry to be held from day to day-Adjournment for more than 7 days at a time to be reported to Authorised Officer-Purpose of rule to ensure expeditious comple­tion of enquiry-Non-compliance-Irregularity-But does not affect validity of proceedings. (d) Government Servants (Efficiency and Discipline) Rules, 1973- ----R. 6 (3)-Enquiry procedure-Evidence-Evidence of all witnesses completed-One prosecution witness already examined requesting for being re-examined-President of Enquiry Committee granting- such request and recording again evidence of such witness in absence of other Members of Enquiry Committee and 'accused-Serious irregularity vitiating proceedings. (e) Civil service- --Disciplinary action-Prejudice-Official transferred despite his request on genuine grounds for not being transferred due to lack of education facilities of school and college going children at new station of posting-Transfer order sought to be implemented despite directions of higher authorities to defer same till end of education year-Casual leave granted cancelled after proceeding and then penalty of stoppage of increment imposed on charge of not carrying out transfer order and absence from duty-Transfer order withdrawn subsequently under orders of Read of Department and Minister-in­charge but again after placing official under suspension charge­sheeting him on old allegations contained in anonymous complaint already looked into twice by some officers finding official not guilty of alleged…

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