Law:

Section:

Local Councils Servants (Efficiency and Discipline) Rules, 1981-------Rr. 9, 10 & II---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Dismissal from service---Material available on record did not show that civil servant had committed alleged gross ­misconduct on basis of which she was dismissed from service---When an employee of Local Council was found to have committed gross-misconduct, procedure for imposition of major penalty had been provided in Local Councils Servants (Efficiency and Discipline) Rules, 1981 which had prescribed a strict mode of show cause, forwarding charge-sheet of allegations; written defence of accused of such allegation, and/or documentary evidence in support of charge or in defence of accused, a right of cross-examination of witnesses---Any omission of such rules or regulations or its non-observance would vitiate the total inquiry proceedings against accused---Dismissal order in the present case was not communicated to civil servant against whom major penalty of dismissal from service was imposed---Such omission had shown mala fides and ulterior designs of person conducting inquiry against civil servant---Termination order passed against civil servant in clear violation of Local Councils Servants (Efficiency and Discipline) Rules, 1981, was set aside with cost. Kanwar Intizar Muhammad Khan for Petitioner. Syed Afaq Shan and Ikram-ul-Haq for Respondent Date of hearing: 26th March, 1998. JUDGMENT , This be considered as admitted case. 2. Brief facts of this case are that a letter was received through post. The proper memo. of writ petition was filed. Parawise comments were submitted and the brief facts narrated in the letter as well as memo. of writ petition are that the petitioner was appointed as Lady Health Visitor on 22-12-1992 at Sheikhpur Shujara District Council, Multan and remained as ad hoc appointee till 22-12-1993. Later on her appointment was extended. She appeared in interview on 4-10-1993 and through Selection Committee her appointment was regularised. According to her she performed her duty with great labour and pain. During the summer she went for installation of one water pump and boundary…

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