Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973- ----R. 4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service on charge of misconduct---Civil servant, during pendency of appeal before Service Tribunal moved application for permission to amend memorandum of appeal in order to take additional grounds therein---Service Tribunal without deciding application for amendment of memorandum of appeal, dismissed civil servant's appeal---Validity---Leave to appeal was granted to consider; whether civil servant after post-remand proceedings was entitled to opportunity of personal hearing by Authorised Officer and the Authority as well; whether by not giving opportunity of personal hearing to civil servant, reasonable opportunity to defend himself had not been denied to him; and whether Tribunal was legally justified in deciding appeal without first disposing of application for amendment of memorandum of appeal filed by civil servant. ORDER MUHAMMAD MUNIR KHAN, J: - This petition for leave to appeal arises from the facts that Akbar Khan petitioner was working as Assistant Incharge in the Office of the Federal Service Tribunal. On the charge of accepting illegal gratification, an enquiry was held against him. He was charge­sheeted. He was given final Show-Cause Notice and personal hearing by the concerned officers. At the stage of personal hearing by the Authority (Chairman, Federal Service Tribunal), the case was remanded for fresh enquiry. After the remand, the Enquiry Officer conducted enquiry and submitted his report to the Authorised Officer who forwarded it to the Authority. The petitioner was ultimately dismissed from service on 20-7-1993. Feeling -aggrieved thereby, he filed an appeal before the Federal Service Tribunal. During the pendency of the appeal…

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