Law:

Section:

Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-- -----R. 6---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Misconduct---Dismissal of civil servant on charges of misconduct--­Service Tribunal maintained order of dismissal---Validity---Procedure adopted by Inquiry Officer assailed by civil servant---Mode of inquiry---Effect of non-­compliance with mode of inquiry---Provision of R.6(3), Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 postulates that Inquiry Officer is required to examine oral or documentary evidence in support of the charge; he is also authorised to examine civil servant and then decide the case---Civil servant can only be examined if he wishes to get his statement recorded---Inquiry Officer was under the wrong impression that it was civil servant who had to prove his innocence---Questions put to civil servant by Inquiry Officer were in the nature of cross-examination which was not warranted---Service Tribunal formed its opinion on basis of documents---Such documents were admittedly not shown to civil servant--Inquiry Officer was under obligation to make civil servant aware of incriminating material against him and to give him opportunity to meet same---Finding of guilt was recorded arbitrarily without following relevant rules, thus, penalty based on finding of Inquiry Officer could not be sustained---Charges against civil servant being of serious nature, he could not be exonerated---Authority would be free to hold de novo inquiry in accordance with law, if so advised. JUDGMENT BASHARAT AHMAD SHEIKH, J.---The appellant was serving as a Treasury Accountant in Headquarters Treasury Section, Accountant-General's Office at Muzaffarabad, when he was proceeded against under the Government Servants (Efficiency and Discipline) Rules, 1973 for inefficiency and misconduct in connection with fraudulent drawal of Rs. 3,76,044.11. An Inquiry Officer was appointed who reported that the charges of inefficiency and misconduct stood proved against the appellant. The Authorised Officer recommended that major penalty of dismissal from service be imposed upon the appellant. The…

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