Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973R. 7Constitution of Pakistan (1973), Art. 212(3)Leave to appeal was granted to consider whether civil servant was entitled to personal hearing by Authorised Officer, and whether in refusing to summon defence witnesses by Enquiry Officer reasonable opportunity to defend himself was denied. (b) Government Servants (Efficiency and Discipline) Rules, 1973 Rr. 5 & 6Mode of conducting enquiry against civil servantWhere inquiry was to be conducted by Enquiry Officer or Enquiry Committee then procedure provided under R.6, Government Servants (Efficiency and Discipline) Rules, 1973 had to be followed whereby Authorised Officer would frame charge, communicate it to the person charged requiring him to submit his written defence, stating whether he desired to be heard in personEnquiry Officer would then record evidence and submit his report to Authorised Officer with his finding and grounds thereofAuthorised Officer was empowered to impose minor penalties but if in his opinion penalty imposed should be major then the matter should be referred to AuthorityAuthorised Officer, however, was empowered to look into the facts and circumstances of the case and then to decide the nature of penaltyAt that stage opportunity of affording a personal hearing if demanded by the civil servant, should be considered from the point of view of justice, equity and proprietyRequirement of justice demands that before imposing penalty civil servant should be heard by Authorised officer if so demanded by him. ESTACODE, 1989 Edn., by Nabi Bux Khan and Syed Mir Muhammad v. N.W.F.P. Government through Chief Secretary PLD 1981 SC 176 rel. (c) Government Servants (Efficiency and Discipline) Rules, 1973 R. 7Summoning of witnesses by Enquiry OfficerEnquiry Officer was vested with powers of a Civil Court, in respect of summoning and enforcing attendance of any person and examining him on oath, requiring discovery and production of documents, receiving evidence on affidavits and issuing commission for examination of witnesses or documentsNonsummoning of witnesses the list whereof was submitted by civil servant to Enquiry Officer amounted to…

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