Law:

Section:

Azad Jammu & Kashmir Civil Servants (Efficiency and Discipline). Rules, 1977- --R. 6 (2)-Enquiry conducted prior to initiating disciplinary pro­ceeding without associating civil servant therein-Can only be utilized for purpose of initiating disciplinary proceedings but cannot form basis for finding him guilty of charges-Show-cause notice served on basis of Report of Enquiry Commission-Charges denied in detailed explanation - Facts and interest of justice demanding that charges be enquired into and in absence thereof coming to correct findings on basis of show-cause notice and reply thereto found highly impossible by Service Tribunal-Resort to summary and shorter procedure of show-cause notice by Authorised Officer, in circumstances, held, viola­tive of rules-Penalty of compulsory retirement by adoption of unlaw­ful procedure, held, bad in law and unsustainable-Reliance placed by competent authority on Report of Enquiry Commission enquiry whereof held in absence of civil servant prior to service of show-cause notice, while passing penalty order, held, an error-Impugned penalty order, in circumstances, set aside awarding re-instatement with back benefits to appellant and directing fresh proceedings by competent authority in accordance with r. 6 (2)-Azad Jammu & Kashmir Service Tribunal Act, 1975, S. 4. P L D 1980 S C 211; P L D 1976 S C 538; P L D 1979 S C 711; P L D 1970 S C 435; AIR 1955 S C (Ind.) 166; AIR 1953 S C 404; A I R 1958 S C 538; P L D 1957 S C 157; P L D 1956 Lah. 865; P L D 1957 Kar. 1; P L D 1957 Dacca 1; P L D 1968 Kar. 88; A I R 1976 Boni. 394; A I R 1961 Orissa 113 and A I R 1952 Ph. 191 ref. Raja Muhammad Hanif Khan for Appellant. Addl. Advocate-General for Respondent. Dates of institution /hearing: 26th April, 1978/23rd, 25th and 26th June, 2nd, 3rd and 4th July, 1983. ORDER KH. ABDUS SAMAD (MEMBER). - The appellant has made this appeal against Government Order No. S&GAD/P-1 /397-457/78, dated 29th June, 1978, under section 4 of the Azad Kashmir Service Tribunals Act, 1975, whereby the appellant has been compulsorily retired from service by the respondent. By virtue of this appeal, the appellant prays for setting aside the above ­impugned…

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