Law:

Section:

(a) Government Servants, (Efficiency and Discipline) Rules, 1973- ---R. 3--Penalty--Grounds for--Ground of inefficiency would be different from ground of penalty on corruption or misconduct--Where employee was given opportunity of personal hearing, and gross negligence was established by evidence, such employee, held, would not be absolved on ground of having not been served charge-sheet on ground of inefficiency--Penalty awarded on ground of 'laxity in matters of control over expenditure', would not be illegal or bad in law' simply for reason that word 'inefficiency' was not mentioned as ground for penalty in charge-sheet. (b) Civil service-- ---Mala fide, connotation of--Departmental Head s own view on particular matter not beneficial to employee, held, would not amount to mala fide. (c) Civil service-- -- Departmental enquiry -Evidence, appreciation of--Service Tribunal, while agreeing with reasons for conclusion reached by Inquiry Committee/ Authority, held, need not discuss in detail evidence produced before such committee authority--Negligence on part of employee for 'laxity over control of expenditure' involving huge amount of money would amount to conscious avoidance of duty amounting to criminal negligence. (d) Service Tribunals Act (LXX of 1973)-- ---S. 4--Appellate jurisdiction, exercise of--Employee being incharge of expenditure, responsible for criminal negligence over such expenditure resulting loss of huge amount to Government, held, would not render interference by Service Tribunal, in penalty imposed by authority for such gross negligence. Raja Muhammad Asghar Khan for Appellant. Sardar Muhammad Amir Akbar Khan for the State. Shafiqur Rehman for Respondent No. 1. Date of hearing: 15th September, 1985. JUDGMENT SHAH ABDUR RASHID (CHAIRMAN).--The appellant Maqbool Hussain, was proceeded against under the Government Servants (Efficiency and Discipline) Rules by serving a charge-sheet and statement of allegations upon him on 3-4-1984. On receipt of his reply, dated 17-4-1984, an Inquiry Committee consisting of two officers, was constituted to inquire into the charges. When the report of the Inquiry Committee was finalised the appellant was served…

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