Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975R. 6(3)Constitution of Pakistan (1973), Art. 212(3)Misconduct­Allegation of temporary embezzlementRegular enquiryLeave to appeal was granted to consider the question, whether the department was justified on the basis of the material available on record to dispense with regular enquiry. (b) Civil service MisconductTemporary embezzlementRegular enquiryRight of civil servant to be heard in personPrinciplesIf the allegations against the accused civil servant/employee are of serious nature and if he denies the same, a regular enquiry cannot be dispensed withInitial burden in such a case is on the department to prove the charge, which cannot be done without producing evidenceTechnical lapses on the part of an Enquiry Officer while conducting the disciplinary proceedings if have not caused any material prejudice to the accused civil servant/employee, same will not vitiate such proceedings or the order passed in consequence thereofWhere the, civil servant had denied the factum of having embezzled procedure adopted in holding the enquiry by the Department on the basis of material available on record to dispense with regular enquiry, Supreme Court set aside the judgment of Service Tribunal as well as order of the Department with full back benefits subject to the right of the Department to ascertain, as to whether during the period commencing from the date of dismissal from service till his reinstatement the civil servant .was engaged in any gainful employmentEssentials and procedural requirements in a departmental enquiry dilated upon. The question, as to whether a regular inquiry is to be held in a case of misconduct against an accused civil servant/employee or not, will depend on the facts of each case. While considering the above question Court should keep in mind the fact that the concept that no person should be condemned unheard (i.e. audi alteram partem) has acquired new dimensions with the passage of time. Nowadays the Courts apply the above cardinal principle of jurisprudence more liberally even to the cases in which there is no statutory requirement of personal hearing. Furthermore, the right of…

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