Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973--Rr. 5 & 6---Constitution of Pakistan (1973), Art. 212(3)---Misconduct--­Compulsory retirement---Penalty of compulsory retirement on ground of misconduct--- Validity---Leave to appeal- was granted to consider, whether Service Tribunal, after having found that some of the allegations as to irregularity in inquiry were correct and had gone unrebutted, was justified in dismissing civil servant's appeal on ground that no prejudice had been caused to him. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 5 & 6---Distinction between Rr. 5 & 6, Government Servants (Efficiency and Discipline) Rules, 1973, highlighted. There is a marked distinction between Rule 5 and Rule 6 of the Rules, inasmuch as under the former Rule, a regular inquiry can be dispensed with, whereas the latter Rule envisages conducting of regular inquiry which would necessitate the examination of witnesses in support of the charges brought against the accused civil servant, his right to cross-examine such witnesses and his right to produce evidence in rebuttal. The question, as to whether the charge of a particular misconduct needs holding of a regular inquiry or not, would depend on .the nature of the alleged misconduct. If the nature of the alleged misconduct was such on which a finding of fact could not be recorded without examining the witnesses in support of the charge or charges, the regular inquiry could not be dispensed with. Jan Muhammad v. The General Manager, Karachi Telecommunication Region, Karachi and another 1993 SCMR 1440 and Nawab Khan and another v. Government of Pakistan through Secretary, Ministry of Defence, Rawalpindi and others PLD 1994 SC 222 rel. (c) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 5 & 6---Constitution of Pakistan (1973), Art. 212---Misconduct--­Charges of misconduct not admitted by civil servant---Effect---Nature of charges against civil servant were such on which no finding of fact could have been recorded by Inquiry Officer without recording, evidence in support of charges which implied right of civil servant to cross-examine…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492