Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973- -- Rr. 5(3) & 6-Show-cause notice procedure-Dispensing with inquiry-Discretion to be exercised not arbitrarily-Official charged for embezzlement and forgery-Pleading in preliminary inquiry either his innocence or having acted under coercion of superior authorities-Charges requiring recording evidence in presence of accused official with opportunity of cross-examina­tion of witnesses-Penalty of dismissal awarded by resort to show­ cause notice-Service Tribunal, in circumstances, setting aside impugned dismissal order and reinstating official (appellant) from date of dismissal with liberty to Department to proceed afresh by adopting comprehensive inquiry procedure under r.6-Service Tribunals Act (LXX of 1973), S. 4. 3' Abdul Ghafoor Junejo v. Pakistan 1980 P L C (C. S.) 344 ref. Dr. Khalid Ranjah for Appellant. Hafiz Tariq Naseem for Respondents. Date of hearing : 3rd March, 1983. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-The appellant, Basharat­ullah Khan, who rose from the rank of Lower Division Clerk to that of National Savings Officer and was performing the functions of Cashier, was served with a show-cause notice on 6th July, 1980 which reads as follows :- "You, Mr. Basharat Ullah Khan, National Savings Officer (Grade-14), are served with following show-cause notice for the misconduct while you were working at the National Savings Centre, Temple Road, Lahore :- (i) You embezzled/misappropriated the amount of Rs. 11,671 (details given in the statement attached as Annexure `A') paid on re­investment of profit on Khas Deposit Certificates under forged Signatures. You were instrumental in preparing fake purchase application forms and affixing bogus signatures. Bogus Khas Deposit Certificates were issued in lieu of profit. Fake pay­ment orders were passed in your own hand and signatures and the fictitious certificates were discharged fraudulently, the amount misappropriated and pocketed by you. (ii) You embezzled/misappropriated secretly an amount of Rs. 16,951 vide Withdrawal Slip No. 373343 on 5th August, 1979 from Account No. 138 in the name of Haji Bashir Ahmad, under a pre-planned…

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