Law:

Section:

(a) Civil service- --- Disciplinary proceedings---Validity---Proceedings against Officer of Police Group administratively controlled by the Establishment Division, could be initiated only by the Federal Government---Proceeding initiated against such Officer by the Provincial Government were without lawful authority---Such objection though had not been agitated specifically, but legal lacuna involving lack of authority in initiating proceedings could not be overlooked by the Service Tribunal seized of the matter in appellate jurisdiction---Apart from such lacuna, civil servant was not afforded an opportunity of hearing in person at any stage up to the level of Establishment Secretary---Civil servant was, thus, seriously prejudiced by the action taken against him---Proceeding against civil servant having not been initiated and processed by the competent authority, penalty awarded to him was set aside. 1983 SCMR 339 and ESTACODE, Serial No. 101, 1989 Edn., p. 527 ref. (b) Service Tribunal (Procedure) Rules, 1974--- ----R. 7---Preliminary objection relating to non-impleading of Secretary, Establishment Division who had passed the impugned order against civil servant was not tenable for appeal was directed against "Government of Pakistan", through Cabinet Secretariat, Establishment Division---Requirement of R.7, Service Tribunals (Procedure) Rules, 1974, that competent authority against whose orders appeal was preferred and any other party to the dispute should be shown as respondents thus, stood substantially complied with. Akhtar Hussain Awan for Appellant. Sardar Muhammad Amir Akbar Khan, Standing Counsel for the Government. Date of hearing: 5th December, 1991. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN): --Appellant Mr. Zahid Mahmood, an officer in the Police Service of Pakistan has preferred this appeal against punishment of withholding of increments for two years imposed on him under the provisions of Government Servants (Efficiency and Discipline) Rules, 1973 (hereinafter referred to as the E&D Rules), vide Notification, dated 29th July, 1986 issued from the Establishment Division. 2. The appellant was allegedly involved in mishandling a situation that had…

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