Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973 Rr. 5(1)(i) & 2(3)Constitution of Pakistan (1973), Art. 199­Constitutional petitionSuspensionValidityCivil servant could be suspended by "Authorised Officer" with approval of the Authority­Suspension of civil servant would, however, require approval of Authority for its continuation, after every three monthsWhere Authority was President or Prime Minister of Pakistan, power of Authority would be exercised by Secretary, Establishment DivisionOrder of suspension of civil servant having emanated from Establishment Division would be deemed to have been passed by Competent AuthorityTechnically there was nothing wrong with order of suspension passed against civil servant. (b) Government Servants (Efficiency and Discipline) Rules, 1973 Rr. 5(1)(i) & 2(3)Constitution of Pakistan (1973), Art. 199Constitutional petitionSuspension of civil servant before holding enquiry against himValidityJurisdictionUnless there were extraordinary circumstances and most compelling reasons or unless there was diabolic misuse of power, not referable to matters but referable to men, one should not dispute that Authority which could dispense with services of Government servant and which could hold enquiry must also have power of suspension within reasonable limitsAny interference in such order would tantamount to substituting one's own judgment for that of Authority. (c) Government Servants (Efficiency and Discipline) Rules, 1973 Rr. 5(1)(i) & 2(3)Civil Procedure Code (V of 1908), S. 9Constitution of Pakistan (1973), Art. 199Constitutional petitionCivil servantSuspensionEffectOrder of suspension was neither penalty nor loss of office with strict reference to S. 9, C.P.C.Extraordinary jurisdiction of High Court, thus, could not be invoked in matter of suspension. (d) Government Servants (Efficiency and Discipline) Rules, 1973 Rr. 5(1)(i) & 2(3)Constitution of Pakistan (1973.), Art. 199­Constitutional petitionSuspensionRepresentation of civil servant to Chief Ehtesab CommissionerSuch representation would have no nexus with suspension of civil servantAgency of Ehtesab Commission had its own procedure of dealing with…

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