Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-- ---R.7--Departmental enquiry--Evidence--Enquiry Officer enjoys powers of civil Court to enforce attendance of witnesses--Censoring list of defence witnesses by Enquiry Officer--Effect--Accused charged of inefficiency and misconduct of sanctioning extension of a transportation contract on existing terms and rates instead of inviting fresh tenders while serving as Administrative Secretary of respective Department of Provincial Government--Quoting names of his predecessors as defence witnesses to prove that alleged sanction was precedented--Such witnesses not appearing despite summons--Enquiry Officer instead of enforcing attendance of such witnesses accepting situation with equanimity and taking liberty of censoring list of defence witnesses stating that "only those witnesses after taking into consideration record sent by Federal Investigating Agency were summoned and in fact only 3 out of 7 appeared"--Attitude of Enquiry Officer, in circumstances, treated by Service Tribunal as an admission that F.I.A. inquiry had to be treated as sine qua non and given a sacred treatment even in preference to defence requirements of accused (appellant)--Statements of such witnesses recorded by F.I.A. and on record neither made available to accused despite request nor used by Enquiry Officer in considering defence plea--Record indicating that extension of contract as alleged against accused was not against rules and had been done even by predecessors and appellant singled out and punished for doing exactly what had been done by his predecessors--Resultant penalty order of removal from service, in circumstances, set aside by Service Tribunal with all consequential benefits--Service Tribunals Act (LXX of 1973), S.4. (b) Punjab Financial Rules-- --- Rr. 2.44(a) & 2.45,Appendix 5', part I--Principles relating to contracts--Competent authority to place contract after inviting tenders provided it is advantageous--Contract can be extended by competent authority on old terms if favourable and inviting of fresh tenders not advantageous. (c) Government Servants (Efficiency and Discipline) Rules, 1973-- ---R. 500--Final…

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