Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-------R. 4---Secretariat Instructions, 1983 (Reprint), R. 34---Constitution of Pakistan (1973), Art. 212(3)---Misconduct---Enquiry---Imposition of minor penalty of censure ---Valicity---Leave to appeal was granted to consider whether inquiry against civil servant was conducted in accordance with law and proper opportunity was afforded to him to lead his evidence and to cross-­examine witnesses. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4---Secretariat Instructions, 1983 (Reprint), R. 34---Misconduct--­Minor penalty---Imposition of minor penalty of censure against civil servant on charge of misconduct on basis of inquiry relating to missing of file--­Inquiry Officer himself was not sure, whether civil servant had received file in question or not, which fact was evident from contents of his inquiry report---When file is delivered to any Department, receipt has to be obtained for such delivery but no such receipt from office of civil servant was produced by concerned Department before Inquiry Officer---Responsibility to maintain files was that of Administrative Officer (co-accused) his oral statement that he had handed over file to civil servant (which statement was denied by civil servant) was relied upon by recording finding of censure against civil servant---Civil servant in such situation should have been granted benefit of doubt---Impugned penalty of censure was although minor penalty yet the same could mar future of civil servant---Penalty of censure was set aside in circumstances. Fazal Ellahi Siddiqi, Advocate Supreme Court alongwith Ejaz Muhammad Khan, Advocate-on-Record for Appellant. Mian Tariq Mehmood, Deputy Attorney-General and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 13th January, 1998. JUDGMENT AJMAL MIAN, C.J.---This is an appeal with the leave of this Court against the judgment dated 26-1-1994 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeal No.368(R) of 1994 (which was heard with Appeal No.393(R) of 1994 filed by one Imtiazuddin) against the imposition of minor penalty of…

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