Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- --- S. 4 -Appeal before Tribunal-Limitation-Accused serving in Pakistan Embassy abroad-No legal advice available there and accused remained in correspondence with counsel in Pakistan-­Delay of about six months in filing appeal, in circumstances, condoned. (b) Civil service- --Disciplinary action-Bias-Accused charged for disobedience of transfer order while serving in Pakistan mission abroad-Request for deferment of transfer on grounds of continuity of education of child not accepted-Service of show-cause notice straightaway proposing dismissal from service without considering possibility of existence of any extenuating factors or giving heed to compassionate aspect of accused's circumstances, held, indicative of bias on part of competent authority. (c) Government Servants (Efficiency and Discipline) Rules, 1973- ---R. 5(1)(iii)-Show-cause notice procedure-Dispensing with enquiry--No formal decision for dispensing with enquiry and resorting to show-cause notice procedure with recording reasons­-Irregularity-Case against accused clear and apparent from record and not calling for examination of any witness-Allegations (overstay in disobedience of transfer order) such as could either be admitted or denied-Accused not prejudiced in his defence-Contention that irregularity of resorting to show' cause notice without recording 'reasons and formal decision vitiated-proceedings, in circumstances, rejected. (d) Civil service- -- Disciplinary action-Penal action-May be both punitive and deterrent-Cannot however be justified if discriminates between offenders of same category-Discriminative action in administrative field would be subversive of good order and discipline - Allowing employees of Government to harbour grievance of being discriminat­ed against -Not in public interest. (e) Government Servants (Efficiency and Discipline) Rules, 1973- - R. 4-Punishment-Quantum-Accused after having stayed in Pakistan Embassy abroad for a period of more than 7 years issued with a notice for readiness to move back to Pakistan, making request for deferment of transfer for 3 years on grounds of continuity of education of daughter, the only child…

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