Law:

Section:

(a) Government Servants (Efficiency and Discipline) Ruleg, 1973- --R. 5 (i) (iii) & 6--Dismissal-Notice served on civil servant actually a show-cause notice under r. 5 (1) (iii) and question of enquiry conducted by Enquiry Officer was not called for-Enquiry Officer so appointed, collecting evidence in a rather informal manner without presence of concerned civil servant or applying mind or giving personal hearing or examining any witness-Enquiry held, cannot be treated as enquiry according to procedure prescribed in r. 6­Findings recorded and recommendations made to Authorized Officer, held further, not legally valid and order of dismissal passed based on such findings, ultra vires of Rules and unlawful. (b) Government Servants (Efficiency and Discipline) Rules, 1973- --R. 5 (1) (iii) & 6-De novo enquiry-Proceedings against civil servant not found conducted according to procedure laid down in r. 5 (1) (iii) & 6-Such proceedings declared unlawful on technical grounds-Competent Authority, held, can proceed de novo against such civil servant on same charges against him. M. S. Siddiqi for Appellant.' Syed M. Shahudul Haque, State Counsel for Respondent. Date of hearing : 14th March, 1982. JUDGMENT A. O. RAIZUR RAHMAN, (MEMBER)-The appellant, then working as Chargeman in the Pakistan Ordnance Factory at Gadwal, was dismissed from service by order of the competent authority, with effect, from 10th February, l979, vide Memo. No. POF/5200/27/Admin/Gdl., dated 11th March, 1979, on the ground of misconduct, in the form of theft of articles from the Factory wherein he was working. 2. Prior to this order, he had been served with a notice under rule 5 (1) (iii) of the Government Servants (Efficiency and Discipline) Rules, 1973, requiring him to explain his conduct, within 7 days, with reference to the charge preferred against him. After he had submitted his explanation, and after an Enquiry Officer had recorded his statement, cross-examined him, independently collected other evidence relating to the alleged incident of theft committed by him, and made his report giving his findings and recommendations, the aforesaid order was passed against the appellant. 3.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492