Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 5

Government Servants (Efficiency and Discipline) Rules, 1973   R.5 Civil servant Charge of theft Regular inquiry not conducted before reverting civil servant Effect Where allegation against civil servant was of theft and on that ground penalty of reduction in rank was awarded, it was necessary to hold regular inquiry for purpose of recording evidence in proof of such allegation Order in question, whereby civil servant was reverted was set aside and he was restored to the post he was holding before penalty was imposed upon him with direction to hold regular inquiry against civil servant in accordance with law. JUDGMENT SAJJAD ALI SHAH, C.J.This appeal, with leave of the Court, calls in question judgment, dated 21st February, 1993 of the Federal Service Tribunal, Islamabad, whereby appeal of appellant against his reversion is dismissed. 2. Appellant was employed in the Ministry of Law and Parliamentary Affairs (Law Division), Government of Pakistan, as peon Qasid (Grade 1). Hewas offered the post of staff car Driver in the Parliamentary Affairs Division in Grade IV vide letter of appointment, dated 9th February, 1980. It is mentioned in that letter that appointment is ad hoc in nature, and is liable to termination on notice of 14 days or salary in lieu thereof. It is further mentioned in the said letter that appointment will not confer on appellant claim for or title to permanent retention in that Division. 3. Vide notice dated 30th May, 1992, appellant was called upon to show cause why one of the. major penalties may not be imposed on him on the ground of misconduct as he had damaged new tyres or replaced them old ones after running of only 13,000 kilometres. Appellant was also called upon to state whether he desired to be heard in person. 4. Appellant replied this notice, in writing and claimed that staff car was driven by several other drivers and he had complained about defect inwheel alignment which had caused damage to the tyres. Allegation of negligence or misconduct was denied. Vide Office Order No. 64 of 1992 explanation to appellant was rejected as unsatisfactory, and he…

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