Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212-Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, rr. 4(1)(b), 6(4), 7(8) & 8-Misconduct-Major penalty-Leave to appeal granted to examine questions : "Whether it was not incumbent on Inquiry Officer under Rules, after finding accused guilty to propose punishment so as to furnish opportunity for showing cause against it ; whether statement of a co-accused found by Inquiry Officer to be equally guilty with accused, could be used against the accused : whether in absence of direct evidence against accused, circumstantial evidence including exculpatory element in statement of an official of concerned Department was sufficient to find accused guilty ; and, whether accused was not guilty only of negligence and if so whether Service Tribunal should not have reduced punishment. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --- Rr. 4, 6(4), 7(8) & 8--Misconduct-Major penalties--Second show-cause notice-Requirements. The civil servant was served with the second show-cause notice wherein award of a major penalty' was mentioned. The point sought to be made by the accused (civil servant) was that it was not enough to do so-'the penalty' which was ultimately awarded namely dismissal from service, should have been mentioned. The requirement regarding second show-cause notice in rule 8 is that before imposing `a major penalty' the accused shall be afforded another opportunity of being heard: This as is apparent from rule 6(4) and rule 7(8) shall happen when 'a major penalty' is proposed to be .imposed. It means nothing else than that whenever there is a proposal for awarding any one of the major penalties, the accused shall be heard about it. It is during this hearing and indeed after taking note of what transpires during this hearing that the final shape of penalty would in reality emerge. Thus, it will not be illegal, to inform the accused that a major penalty or one of the major penalties is proposed to be awarded. Nor indeed it will be wrong in a proper case to notify to the accused the major penalty out of several permissible under the law. It is so because it will be open to the…

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