Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-- ---R. 5(i)(iii)--Service Tribunals Act (LXX of 1973), S. 4--Civil servant dismissed for misconduct by adopting summary procedure--Legality--Nature of allegations against civil servant was such as required production of oral or documentary evidence, which was possible only in the case of a regular inquiry followed by service of charge-sheet with statement of allegations--Findings of preliminary inquiry committee had been used in support of the issuance of show-cause notice, ultimately resulting in civil servant's dismissal from service--Recourse to such preliminary inquiry amounted to palpable denial to employee of the established right to defend against the proposed action--Decision whether an inquiry should be conducted has to be made in the light of the facts of a case or in the interest of justice--Expression "in the light of the facts of the case" as used in S. 5 of Efficiency and Discipline Rules, 1973, is suggestive only of those facts which can be spelt out of the record already in existence at the time of initiation of proceedings--Adoption of summary procedure course was not warranted by law-­Order of dismissal thus was not sustainable in law--Service Tribunal, however, gave option to Authority to initiate fresh disciplinary proceedings against civil servant on the same charge in accordance with law and Rules--Civil servant was, meanwhile, reinstated in service with immediate effect on acceptance of his appeal. JUDGMENT CH. HASAN NAWAZ (MEMBER).--In this appeal under section 4 of the Service Tribunals Act, 1973 the appellant who had been working as Auditor, TAI Section in the office of AGPR., Islamabad (Respondent 4) has challenged the validity of the order of his dismissal from service (Annexure V) passed by respondent 4 as Authority in exercise of powers conferred upon him under Rule 5(4) of the Government Servants (Efficiency and Discipline) Rules, 1973 . 2. These are the material facts: The appellant was placed under suspension on 20-3-1977 after which he was served with show-cause notice dated 11-5-1977 (Annexure `I') which purports to have been signed by the Additional Accountant…

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