Law:

Section:

(On appeal from the /order of Lahore High Court, Lahore dated 23-2-1987 in R.SA. No.23 of 1982). (a) Railway Servants (Efficiency and Discipline) Rules, 1961--- ----R.8---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine, whether charge-sheet had been issued to the employee and enquiry had been ordered by an incompetent Authority; and whether employee was entitled to be heard in person by Appellate Authority. (b) Railway Servants (Efficiency and Discipline) Rules, 1961... ----R.8---Constitution of Pakistan (1973), Art. 185---Person who had served charge-sheet on employee and had ordered enquiry against him was competent to do so---Employee was given full opportunity to participate in enquiry; he availed of such opportunity and examined witnesses in his defence---Employee was given another-opportunity to clear his position when he received second show-cause notice---Mere fact that employee was not heard in person by Appellate Authority would not violate disciplinary proceedings against him---In service rules applicable to employee, no provision existed whereby he was to have been heard by Appellate Authority in person---Employee in his memorandum of appeal did not even ask for personal hearing---Penalty of removal from service could not be set aside for the reason that employee was not heard in person. Khan A. Hamid, Advocate, Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Appellant. Ch. Fazal-e-Hussain, Advocate, Supreme Court, instructed by Ch. Muhammad Aslam, Advocate-on-Record for Respondent. Date of hearing: 18th October, 1992. JUDGMENT SAAD SAOOD JAN, J.---The appellant was employed as a skilled workman in the Electrical Shops, Mughalpura, Lahore. On 18-7-1968 he abused and quarrelled with a co-worker. For this act of indiscipline he was placed under suspension and served with a charge-sheet. An enquiry was held against him in which he was given full opportunity to defend himself. The Enquiry Committee found him guilty whereupon he was served with another charge-sheet to show-cause why he should not be removed from service. He submitted an explanation which was not accepted and by an order…

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