Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-- ----R. 8(b)---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted to consider whether action of Authority whereby order for compulsory retirement of civil servant under R.8(b), Government Servants (Efficiency and Discipline) Rules, 1973 was passed had legal cover. (b) Government Servants (Efficiency and Discipline) Rules, 1973- ----Rr. 5, 6 & 8---Inquiry procedure---Civil servant charged with misconduct when to be deprived of show-cause notice---Procedure prescribed under R.8, Government Servants (Efficiency and Discipline) Rules, 1973, would exclude applicability of R.5 of the Rules in certain cases---Rule 5, Government Servants (Efficiency and Discipline) Rules, 1973, lays down inquiry procedure, which should be observed when any Government servant was proceeded against under the Rules---Authorised officer, under R.8 would decide whether on account of facts or in interest of justice, inquiry should be conducted through Inquiry Committee---On adoption of such course procedure provided in R.6, has to be followed---Where, however, authorised officer did not deem it necessary to have an inquiry conducted through Inquiry Committee, then he would inform civil servant concerned of the action proposed to be taken against him and the grounds for such action and he should be provided reasonable opportunity of showing cause against that action---Show-cause notice, in exceptional case, was not necessarily to be given where Authority was satisfied, that in the interest of security of Pakistan or any part thereof, it was not expedient to give such opportunity---Civil servant, thus, could be deprived of show-cause notice, in case interest of security of Pakistan was involved---Rule 8, thus, prescribes departure from principles of natural justice in specified and rare situation in which security of Pakistan or any part thereof, was involved. (c) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 8(b)---Mode of construction of R.8, Government Servants (Efficiency and Discipline) Rules, 1973 illustrated. Rule 8 of Government (Servants (Efficiency and Discipline)…

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