Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973R. 6Constitution of Pakistan (1973), 4rt. 212(3)Misconduct­Removal from serviceService Tribunal converted penalty to compulsory retirement from serviceCivil servant and Government both assailing judgment of Service TribunalLeave to appeal was granted to civil servant to consider whether inquiry report was based on evidenceLeave to appeal was also granted to Government to consider whether on facts and circumstances of case, Service Tribunal rightly interfered in awarding penalty of compulsory retirement from service instead of dismissal from service awarded by Competent Authority. (b) Government Servants (Efficiency and Discipline) Rules. 1973 R. 6Constitution of Pakistan (1973), Art. 212MisconductCharges against civil servant were; his failure to detect shortage of specified material and wrongfully authorising payment to contractor by incorrectly stating that he had made 10 per cent. prescribed check of material and carried out measurements in his notebook Service Tribunal on basis of material on record had found that civil servant had authorised payment without making 10 per cent. prescribed check, as a result whereof, Accounts Officer made payment to contractorSuch finding was not open to exception,:;Civil servant as per finding of Service Tribunal did not take due care to detect shortage of specified material causing pecuniary loss to GovernmentCivil servants appeal was dismissed by Supreme Court in circumstances. (c) Government Servants (Efficiency and Discipline) Rules, 1973 R. 6Supreme Court Rules, 1980, O.XV, R.7Constitution of Pakistan (1973), Art. 212Conversion of penalty of dismissal from service to compulsory retirement from service by Service TribunalSuch decision was assailed by Government before Supreme CourtCivil servant had died during pendency of appeal but Government did not make any application to bring on record his legal representatives within 90 days as prescribed in OXV, R.7, Supreme Court Rules, 1980Government having not moved any application till last moment its appeal stood abated. Ch. Inayatullah, Advocate with Tanvir Ahmed, AdvocateonRecord (absent) for Appellant (in C.A.…

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