Law:

Section:

Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline) Rules, 1973- - R. 6 (2) read with Pakistan Commission of Enquiry Act (VI of 1956), S. 3-Disciplinary proceedings-Show-cause notice procedure-­Dispensing with enquiry-Authorised Officer normally bound to appoint Enquiry Officer or Enquiry Committee to enquire into charges if either facts of case or interests of justice so demand-Can resort to show-cause notice procedure only if both in light of facts of case and interests of justice an enquiry is not necessary-Charges needing facts finding on basis of evidence-Charges denied-Penalty of reduction in rank/grade imposed on basis of report of Enquiry Commission, show-cause notice and reply to show-cause notice-Enquiry by Commission conducted in absence of accused-Probe conducted by Enquiry Commission, in circumstances, held, could not be treated as evidence of proof and could not be read against accused for purpose of arriving at any conclusion on charges, and could at best form basis for commencing disciplinary action-Impugned penalty order, in circum­stances, set aside by Service Tribunal allowing competent authority to proce6d afresh in terms of r. 6 (2)-Azad Jammu & Kashmir Service Tribunal Act, 1975, S, 4 Sheikh Abdul Aziz for Appellant. Raja Muhammad Akram, A.-G. for Respondent. Date of institution: 5th March, 1979. ORDER KH. ABDUS SAMAD (MEMBER).--This service appeal under section 4, Azad Jammu and Kashmir Service Tribunals Act, 1975 is directed against the order of the respondent, dated 9th November, 1978 whereby the appellant was awarded the penalty of demotion in the lower grade i. e. Grade-17 N. P. S. 2. The brief facts leading to this appeal are that while the appellant was employed in the service of the respondent and served as Director Food Department between 10th November, 1976 and 21st February, 1977. He was transferred and posted as Officer on Special Duty in the S & G A D, vide Government Order No. S & G A D/3349-55/77, dated 17th February, 1977. In the meanwhile a Commission of Inquiry was set up by the Government under section 3 of the Commission of Inquiry Act, 1956 for the purpose of probing into allegations relating to certain…

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