Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 2(4), 5 & 6---Government Servants (Conduct) Rules, 1964; R. 22--­Compulsory retirement---Penalty of---Imposition---Major penalty of compulsory retirement was imposed upon civil servant after serving him with charge-sheet and conducting proper enquiry on charges that civil servant being a responsible officer, had publicly criticised Management' and Army Officers by using derogatory and insolent language which was given wide publicity through newspapers to create unrest and hatred amongst civilians and Army Officers of Pakistan Ordnance Factory which was a sensitive organisation---Inquiry Officer had also taken exception to discourteous attitude of civil servant and unhealthy atmosphere created by him during inquiry proceedings---Terms and conditions of civil servant which were regulated under Civil Servants Act, 1973 were bound to seek redress of their grievances within four corners of law before a competent forum and not in the way which civil servant resorted to by committing misconduct---Inquiry against civil servant was conducted very fairly and civil servant had not agitated any grievance, or malice against appointment of Inquiry Officer who conducted inquiry against him--Allegation of misconduct having fully been established through fair and impartial enquiry, Competent Authority .had rightly passed order whereby civil servant was awarded punishment of compulsory retirement. Nawab Khan and another v. Government of Pakistan through Secretary, Ministry of Defence, Rawalpindi and others PLD 1994 SC 222 ref. JUDGMENT NOOR MOHAMMAD MAGSI (MEMBER). ---Engineer Jameel Ahmad Malik, Works Manager (Civil), Pakistan Ordnance Factories, Wah Cantt. has filed this appeal against the penalty of compulsory retirement imposed on him by notification dated 26-4-1995, as a result of disciplinary proceedings taken against him under the Government Servants f Efficiency and Discipline) Rules, 1973. 2. The brief facts of the case are that the appellant joined Pakistan Ordnance Factory as Assistant Works Manager (Civil) (B-17) on 6-5-1978. In 1991 when he was working. as Works Manager (Civil) he submitted…

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