Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr.4 & 5--Civil servant--Removal from service on charge of misconduct--Civil servant's departmental appeal resulting in modification of his penalty from removal from service to reduction in post--Necessary requirements of law whether observed before imposing the punishment on civil servant--Show-cause notice served on civil servant was comprehensive and his reply thereto amounted to virtual admission of allegations--Civil servant admitted the incident--Variations in the two versions one narrated by the civil servant and the other stated by the victim, when read together would show that civil servant's version could not be true while version narrated by the victim was more plausible--No regular inquiry was thus called for in the circumstances of present case. 1979 P L C (C.S.) 129; 1980 P L C (C.S.) 344; 1984 P L C (C,S.) 550; PLD 1985 SC 134 and 1980 SCMR 310 ref. (b) Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr.4 & 5--Regular inquiry--Authority's discretion to dispense with--Extent--Concept that Authorised officer has absolute discretion to dispense with the regular inquiry and institute proceedings by simply issuing show-cause notice was misconceived--Discretion has to be exercised fairly and not arbitrarily and decision has to be taken considering the facts of a particular case. (c) Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr.4 & 5--Service Tribunals Act (LXX of 1973), S.4--Penalty on charge of misconduct--Departmental appellate order whereby penalty of removal from service was modified to that of reduction to lower post suffered from lacuna that the period for which civil servant stood reduced to lower post had not been specified which was a legal requirement--Such lacuna could be remedied by the Service Tribunal by specifying the period for operation of Departmental Appellate order--Service Tribunal maintained the Departmental order with modification that same was to remain in force for only three years. Manzoor Ali Khan for Appellant. Niaz Ahmad Khan for Respondents. Date of hearing: 27th February, 1989. JUDGMENT SYED ALLY MADAD…

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