Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules', 1975--R. 9---Rule 9 is not an enabling provision but it applies on its own force--­No notice or opportunity of hearing is required in case a civil servant is dismissed or removed from service or reduced in rank on the ground of conduct which had led to sentence of fine or imprisonment by a Criminal Court. Rule 9 is not an enabling provision but it applies on its own force. By bare perusal of Rule 9, Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 it is quite clear that the opportunity of hearing has been excluded specifically. According to the rule, a person convicted on a criminal charge by a Court of competent jurisdiction, cannot claim the right of hearing before he is dismissed or removed from service or reduced in rank. The reason being that a person who faces trial before a Court has sufficient opportunity to contest the charge. In the presence of a delinquent officer or his counsel the prosecution evidence is recorded in support of charge. The prosecution witnesses can be subjected to cross-examination by the accused. The purpose of cross-examination is to elicit the truth. The accused can produce the defence to rebut the prosecution's allegation. The accused can engage a counsel and this right is denied in case of departmental inquiry. A convicted person may challenge his conviction and sentence before Appellate and Revisional Court. The merit of the case is examined again by hierarchy of Criminal Courts, so it cannot be legitimately argued that the accused was condemned unheard before an action under Rule 9 was taken against him. No notice is required, in case a civil servant is dismissed or removed from service or reduced in rank on the ground of conduct which had led to a sentence of fine and imprisonment. So long as the conviction remains in the field, the person has to bear the burden of his misconduct resulting into his conviction and sentence. He has to suffer for his own act. The specific intent of the provisions has been stated in the perfect clarity, therefore, new things cannot be incorporated in the rule. The provision is neither arbitrary nor unilateral. An officer, who…

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