Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S.16---North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, R.5---Imposition of minor penalty of stoppage of two increments upon civil servant without holding a regular inquiry ---Validity--­Procedure of imposing penalty is divided in two portions; one, when Authorised Officer decides to impose minor penalty and the other when Authority imposes major penalty of which the main penalty is severance of service by compulsory 'retirement, removal from service or dismissal from service and reduction to lower post or grade etc.---Procedure for imposing major penalty and for minor penalty stated. The prescribed disciplinary action and penalties are provided in the N.-W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973, wherein the inquiry procedure has been laid down. This procedure of imposing penalty is in two portions. One, when the Authorised Officer decides to impose minor penalty and the other when the Authority imposes major penalty of which the main penalty is severance of service by compulsory retirement, removal from service or dismissal from service and reduction to lower post or grade etc. For imposing major penalty upon a civil servant the Authorised Officer would forward the case to the Authority alongwith the charge and statement of allegations etc- and his own recommendations regarding the penalty to be imposed. In this procedure the Authority while passing orders would have to be satisfied on the recommendations of the Authorised Officer, which necessarily would be based on the charge and statement of allegations served on the accused and the explanation of the accused. The Authority would also have to be satisfied in passing orders on the basis of not only the recommendations of the Authorised Officer but also on findings of the Inquiry Officer or Inquiry Committee regarding the major penalty to be imposed as the words signify in Rule 5(4) of E&D Rules, 1973. These words "findings and recommendations" are missing when the Authorised Officer imposes minor penalty. Section 16, N.-W.F.P. Civil Servants Act, 1973 and the…

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