Law:

Section:

(a) Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1974- --S. 5 (2) & (3) - Show-cause notice - Regular enquiry-Two distinct procedures-Authorised Officer at the time of initiation of departmental- proceedings has to decide either to proceed under r. 5 (2) or r. 5 (3) and has to adopt one of the two courses-Cannot adopt both procedures simultaneously or one after the other­ Charge-sheet served-Enquiry conducted-Authorised Officer on consideration of - findings of enquiry proposing minor penalty­ Successor Authorised Officer (Chief Secretary) recommending issuance of show-cause notice for major penalty and after approval by Authority (Governor) serving such a notice and after personal hearing of accused recommending major penalty and such recommendation approved by Governor imposing penalty of removal from service-Held : (i) Successor Authority Officer could not sit in appeal on final decision of his predecessor, (ii) after receipt of inquiry report conducted in pursuance of procedure under r. 5 (2) after service of charge-sheet recourse to show-cause notice within meaning of r. 5 (3) was unwarranted and illegal-Findings of inquiry found by Tribunal as based upon no evidence and record not proving charges levelled against accused (appellant)-Service Tribunal in circumstances, instead of restricting its decision in setting aside impugned order and maintaining proceedings upto stage of recommendations made by first (original) Authorised Officer accept­ing appeal setting aside impugned order and directing reinstatement of appellant right from date of his suspension with all consequential benefits accruing under law-Baluchistan Service Tribunals Act (V of 1964), S. 4. Ch. Muhammad Latif v. Azad Government or the State of Jammu and Kashmir 1982 P L C (C S) 374 and 1983 P L C (C S) 80 rel. (b) Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1975- --S. 5 (4) (b)-Action by Authority-Order of Authority must be supported by material on' record-Accused not held guilty of charge by Enquiry Officer-Authority bound to record grounds on which it differed from findings of enquiry. Iftikhar Muhammad with Ghulam Sarwar Malik for Appellant.…

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