Law:

Section:

North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-- ---R.6--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)--Criminal Procedure Code (V of 1898), 5.169-­Dismissal from service on charge of misconduct and embezzlement of Government money--Appellant a Senior Clerk in D.E.0's Office, on his way back from Treasury with salery of employees, looted by unknown dacoits who snatched a sum of Rs.2,45,800 from him-­Appellant having been complained against under S.17(3) of Ordinance of 1979 arrested by local police but later released under S.169, Cr.P.C.--Appellant, however, proceeded against under Efficiency and Discipline Rules on basis of suspicion and as a result of enquiry dismissed from service--Charge-sheet served on appellant neither giving detailed description of charge nor mentioning specific penalty which could be imposed upon him--Documents requested for not supplied to appellant by Enquiry Committee--Enquiry found to have been conducted in a fanciful manner; wherein witnesses cross-examining witnesses--Some witnesses examined after statement of appellant was recorded, but appellant not afforded opportunity to cross-examine such witnesses--Witnesses were not examined on oath and a questionnaire given to appellant to furnish replies to different questions--Enquiry being a semi-judicial function, general law of land not followed by Enquiry Committee--Suspension period of appellant covering a period of about 11 years but requisite approval not obtained after every three months--No order in writing of competent authority regarding deputation of appellant to collect money from Bank and no funds allotted by the Department to encash such a huge amount in safe manner--Person responsible for such negligence being not known, appellant could not be punished on speculation and imagination of his officers--Police report showing that there was no evidence against accused-appellant and hence he was released under 5.169, Cr.P.C. making it clear that the criminal case was not alive against appellant but against unknown dacoits for which appellant could not be punished--Charge against appellant, held, was…

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