Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-­-- ---Rr.5 & 8--Conviction of civil servant on charge of embezzlement of Government money by Military Court--Subsequent to such conviction civil servant dismissed from service on basis of conviction-Dismissal in summary manner on basis of conviction by Military Court whether valid without show-cause notice--Provisions of R. 5, envisaging issuance of show-cause notice, held, would not apply where civil servant was dismissed /removed from service or reduced in rank on ground of conduct which had led to a sentence, fine or imprisonment-There was no bar to taking of action under R. 8 during pendency of proceeding initiated under R.5--Rule 8 of Efficiency and Discipline Rules though provided that action thereunder could be taken if conduct of accused had led to a sentence of fine or imprisonment but did not specify forum for passing such sentence. 1986 P L C (CS) 875; Azam Khalil v. Secretary to Government, Punjab, S.G.A. and Information Department 1982 P L C (CS) 140; 1985 S C M R 1178 and Agha Aqeel Nasir v. Inspector-General of Police 1984 S C M R 788 ref. (b) Constitution of Pakistan (1973)-­-- ---Art.270-A--Government Servants (Efficiency and Discipline) Rules, 1973, Rr.5 & 8--Proceedings taken by Military Courts during period between 5th July, 1977 and 30th December, 1985 whether valid--Under provisions of Art. 270-A of Constitution, 1973, all laws made during Martial Law period viz. between 5th July, 1977 and 30th December, 1985, and all orders made, proceedings taken and acts done thereunder by any authority or by any person during that period had been validated. Azam Khalil v. Secy. Govt. Pb. S.G.A. & Information 1982 PLC (CS) 140 rel. Muhammad Asghar v. Government of Sind P L D 1977 S C 212; Agha Aqeel Nasir v . Inspector-General of Police, Quetta 1984 SCMR 788 and 1985 S C M R 1178 ref. (c) Service Tribunals Act (LXX of 1973)-- ---S.4--Government Servants (Efficiency and Discipline) Rules, 1973, Rr.5 & 8--Dismissal of civil servant after conviction by Military Court--Dismissal without show-cause notice--Validity of--Dismissal of civil servant after his conviction by Military…

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