Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 5(1)(ii) & G(1)--Misconduct--Charge-sheet not accompanied by statement of allegations, to constitute irregularity in proceedings--Effect of non-service of final show-cause notice--Disciplinary proceedings vitiated on account of existence of material irregularities. Rule 5(1)(ii) of Government Servants (Efficiency and Discipline) Rules, 1973 provides that the Authorised Officer shall decide whether in the light of facts of the case or in the interests of justice, an inquiry should be conducted through an Inquiry Officer or Inquiry Committee and that if he so decides, the procedure indicated in Rule 6 of the Rules shall apply. Rule G(1) of the Rules lays down that the Authorised Officer shall frame a charge and communicate it to the accused together with the statement of allegations explaining the charge and of any other relevant circumstances which arc proposed to be taken into consideration. Where charge-sheet was not accompanied by a statement of allegations explaining the charge and of any other relevant circumstances, which were proposed to be taken into consideration such lapse constituted a basic and material irregularity in tile proceedings of the Authorised Officer, with the result, that it can be asserted without fear of contradiction that the appellant did not have a fair deal. In any case, it was a material irregularity which vitiated the proceedings. The service of final show-cause notice was necessary in the interests of justice and in its absence it is extremely difficult to say that the aggrieved person was afforded an adequate opportunity to defend himself. The Authority failed to fulfil an important requirement which has caused a material irregularity in their proceedings, as has resulted in miscarriage of justice. This second show-cause notice was all the more necessary in view of the Inquiry Officer's finding to the effect that "the entire proceedings look like "rigmarole" and nothing can be said conclusively" and that "the above factors made the matter doubtful and the charges cannot, therefore, be; proved conclusively". M. Nawaz Khokhar for Appellant.. , Hafiz Tariq…

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