Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules -- ---R. 9--Dismissal of civil servant without any show-cause notice or departmental enquiry--Effect--Civil servant was neither issued any show-cause notice, nor any enquiry was conducted into his guilt or innocence--Civil servant having been convicted by Anti-Corruption Court, was found to be unfit for retention in service and was dismissed--High Court, on appeal exonerated such civil servant from charge of misappropriation/embezzlement--Civil servant's acquittal by High Court, was neither on technical ground, nor resulted on benefit of doubt--Factum of acquittal by High Court would envisage that there was no room left for believing that civil servant was involved in misappropriation, thus entitling him to be exonerated--Appellant being a Government servant was subject to law relating to services and could be dismissed only, under provisions of Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules--There was no other law authorizing civil servant's dismissal. 1976 S C M R 79; P L D 1977 S C 182; P L D 1987 AJ&K 1; P L D 1982 AJ&K 124; 1983 P L C 57;1982 P L C 770 and 1980 P L C 67 ref. (b) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules--- ---R. 9--Dismissal from civil service--Procedure--Even in case of conviction of civil servant, by Court, show-cause notice has to be issued--In absence of recourse to departmental proceeding, order of dismissal of civil servant would be void ab initio. The perusal of Rule 9 of Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules shows that show-cause notice is to be issued, even in the case of conviction of a civil servant, by the Court, before he is dismissed or removed from the service. Rule 9 excludes the compliance of rules 5, 6, 7 and 8, except the issuance of show-cause notice. Sub-rule (2) authorises the taking of action, without issuance of show-cause notice, where it is not practicable to afford an opportunity of show cause. The violation of the mandatory provision of sub-rules (1) and (2) of Rule 9 makes the impugned order, illegal and void ab initio. The civil servants…

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