Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973---- Rr. 2(4) & 3(c) --Constitution of Pakistan (1973), Art. 212(3)-Leave to appeal granted to examine a question of law of public importance namely whether the new mode adopted for proving "misconduct" and "corruption" by Customs Inspectors namely the actual screening of the T.V. film showing receipt of the money from the passengers arriving from out of Pakistan can be considered sufficient to prove "misconduct" and "corruption" as defined, in Rr. 2(4) & 3(c) of the Rules of 1973, in place of the mode of proof traditionally employed to establish delinquencies. (b) Qanun-e-Shahadat (10 of 1984)-- ---Art. 164--Screening of video cassette is admissible evidence and also conclusive in some cases but not in all. (c) Government Servants (Efficiency and Discipline) Rules, 1973--. R. 5(1)--Departmental enquiry- -Procedure- - Authorized Office ' had to decide under the Rules, whether on the facts of a case, shorter procedure of a show-cause notice or the longer procedure of enquiry has to be adopted in the case. (d) Government Servants (Efficiency and Discipline) Rules, 1973-- R. 5(l)--Word "case" used in R.5--Connotation of--Case along with documents viz. 0) charge-sheet; (ii) statement of allegations served on the accused; (iii) -explanation of the accused; (iv) the findings of Inquiry Officer; (v) recommendations of Authorised Officer regarding, penalty to be imposed, has to be forwarded to the Authority " Case", thus cannot be the totality of enumerated documents but something else too viz. judicial proceedings for determination of a controversy between parties wherein rights are enforced or protected, or wrong are prevented or redressed. Black's Law Dictionary rel- (e) ' Qanun-e-Shahadat (10 of 1984)-- --- Art. 164--Constitution of Pakistan (1973), Art 212(3),Government Servants (Efficiency and discipline) Rules' 1973' R.5 (1)Absence of conclusive evidence in case--Effect-Video Cassette being the conclusive evidence viz . ex facie proof of guilt of civil servant, its theft and consequent non-production alone should not have beer, made the basis of exonerating the civil servant Of the charges of…

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