Law:

Section:

Government Servants (Conduct) Rules, 1964-- ---R. 24(3) & (5)--Service Tribunals Act (LXX of 1973), S. 4--Fresh inquiry on same allegations--Competency to initiate--Civil servant in consequence of disciplinary proceedings dismissed from service--Departmental appeal dismissed but appeal before Service Tribunal succeeded and he was reinstated--Fresh proceedings against such civil servant on same allegations were initiated and he was removed from service--Legality--Held, there was nothing legally wrong with fresh enquiry on the same allegations and department was justified in passing the order after observance of necessary formalities--Submission of a supplementary report in support of allegations against civil servant constituted no illegality-­Misconduct on part of civil servant, viz. his participation in election while still in service, having been proved by resort to Election Commission which supplied information as to candidature of civil servant, fresh inquiry against him was justified and action taken against him was also justifiable on record--Dismissal of civil servant was thus sustained. Zaheeruddin Ch. for Appellant. Hafiz Tariq Nasim for the State. Date of hearing: 11th January, 1989. JUDGMENT CH. HASAN NAWAZ (MEMBER).--While being in service with the respondents as U.D.C. on 9-5-1977, the appellant was served with the following charge-sheet: (a) On 20-1-1977 while posted at Lahore Railway Station, he presented before the Assistant Collector, Lahore-II an application dated 1-1-1977 seeking retirement from service w.e.f. 17-1-1977; (b) He absconded from duly with effect from 17-1-1977; and (c) While still in service, he contested election to the National Assembly of Pakistan from Lahore constituency in violation of sub-rules (3) and (5) of Rule 24 of Government Servants (Conduct) Rules, 1964. 2. In consequence of disciplinary proceedings, he was dismissed from service on 25-4-1978 and after the rejection of his departmental appeal on 17.8-1978, he came to the Tribunal with an appeal under section 4 of the Service Tribunals Act, 1973, where the order of dismissal was set aside on 25-8-1980 in acceptance of the appeal with all consequential benefits…

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