Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973- -- R. 8(a)-Dismissal or removal from service or reduction in rank on grounds of conduct leading to conviction and sentence of fine or imprisonment-Dispensing with requirement of show cause­ Ultra vires rule-making power of Government - Principle of natural justice that no one shall be condemned unheard--To be read in every enactment even though such provision not contained ­Only law maker viz. Parliament or person exersising powers of Parliament can take away right of person of being heard-Civil Servants Act, 1973 does not provide that right of being heard before adverse order is passed against a civil servant can be taken away by rules framed thereunder-Rule 8 (a), held, shall not be read so as to take away that right of natural justice-Civil servant convicted under Ss. 307 & 323 of Penal Code, 1860 and sentenced to imprisonment-Penalty of removal from service imposed-No opportunity of hearing given and facts and circumstances of civil servant's defence not taken into consideration-Impugned penalty order, in circumstances, held, patently illegal and without jurisdic­tion. Sh. Abdur Rahman, Advocate v. The Collector and Deputy Commissioner PLD1964SC461rel. Khalid Farooq Tiwana for Appellant. Hafiz Tariq Naseem for the State. Date of hearing: 28th December, 1983. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-The appellant, while serving as Field Motivator in the Population Planning Department, was involved in a case under section 307 read with section 323 of the Pakistan Penal Code. He was suspended from service with effect from 18th June, 1977. The trial of the criminal case ended in his conviction on 28th October, 1978, and he was sentenced to undergo rigorous imprisonment for three years. In appeal, however, the Court of Session on 16th May, 1979 while upholding the conviction, reduced the sentence of imprison­ment to that already undergone. Thus virtually, the appellant suffered a sentence of imprisonment of about seven months. 2. The District Population Officer, by order, dated 26th March, 1980 terminated the services of the appellant retrospectively, with effect from 18th June, 1977 i.e. the…

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