Law:

Section:

(a) Civil service- --Disciplinary proceedings-Findings of inquiry made secretly at back of civil servant-Have no intrinsic legal value as evidence against him. (b) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977- -- R. 6 (2) & (3) read with Azad Jammu & Kashmir Interim Constitution Act, 1974, Fundamental Right No. 15-Powers of Authorised Officer to dispense with enquiry and resort to show­-cause notice-Cannot be exercised arbitrarily or according to his will or whims so as to enable him to make a matter of pick and choose-Such powers subject to given guidelines and criteria of facts of case and interests of justice-Rational and reasonable classification provided in r. 6 (2)-Rule 6 (2) and (3), held, not in conflict with Fundamental Right No. 15. A I R 1953 S C 404 and A I R 1958 S C 538 ref. (c) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-- --- Rr. 3, 6 (2) & (3)-"Inefficiency"-As a ground for penalty-­Would necessitate proof-Accused charged of inefficiency and leakage of examination question paper with or without comp­licity or connivance of others under his supervision-Charges deni­ed-Such charges requiring enquiry whether accused was himself directly responsible for alleged leakage or it was a matter of loose control or was a result of some conspiracy--Resort to show-cause notice procedure and imposition of penalty without proper inquiry in circumstances, held. a lapse on part of Authorised Officer by failing to apply his mind to facts of case and same resulted in mis­carriage of justice-Impugned penalty order set aside by Service Tribunal and case remanded to competent authority for proceed­ing afresh. B. A. Shiekh for Appellant. Additional Advocate-General for the State. ORDER KH. GHULAM QADIR (MEMBER).-This service appeal by appellant Muhammad Rafique, a former lecturer in the Education Department, is directed against Government Order No. S & 0 A D/3865-72/78, dated 28th October, 1978 whereby the appellant was removed from service on the charge of misconduct. Brief facts which culminated in the filing of this appeal are that the appellant was employed in the Education…

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