Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973- --R. 5 (i) (iii) (a)-Show-cause notice procedure-Dispensing with enquiry-Discretion of authorized officer-To be exercised justly, fairly, reasonably and for good reasons to be recorded otherwise he exceeds his jurisdiction and abuses his powers-Appraiser, Customs Valuation Department (appellant) charged for issuance of forged advice under forged signatures of Deputy Collector-Same Deputy Collector acting as Authorised Officer adopting show­cause notice procedure-Accused in reply to show-cause notice vehemently denying charges by detailed explanation and demanding regular enquiry and also for appointment of someone else as Authorised Officer-Demand not accepted and penalty of dismissal from service imposed by Authority.-Service Tribunal finding that charges and detailed explanation could not be considered as such as could be inquired into and decided without holding regular enquiry and ends of justice would have served only if enquiry procedure had been adopted-Discretion exercised to proceed summarily, in circumstances, held, resulted in denial of reasonable opportunity of defence to appellant and entire proceedings and impugned penalty order stood vitiated on that account alone­Penalty order set aside by Service Tribunal leaving it open to Authority to proceed afresh by designating any other officer as Authorised Officer-Service Tribunals Act (LXX of 1973), S.4. Manzoor Ali Khan for Appellant. Niaz Ahmed Khan Counsel for Respondents Nos. 1 and 2. Date of hearing : 16th January, 1985. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant then au Appraiser (under suspension), Customs Valuation Department, Karachi, was served with a show-cause notice, dated 3rd May, 1982 which is reproduced below.- "SHOW CAUSE NOTICE Whereas a forged advice No. I/114/82-IV had been issued to the Assistant Collector, Air Freight Unit, Karachi, under the forged signature of Mr. N. M. Alvi, Deputy Controller of Customs Valuation, Karachi, photo copy attached ; Whereas the issuance of the above-mentioned advice was based upon ulterior motives obviously to help importers, Messrs Sony Inter­national, Karachi, in clearing…

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