Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--R. 4---Constitution of Pakistan (1973), Art. 212(3)---Misconduct---Charge of misconduct proved against civil servant and he was imposed penalty of 'censure'---Service Tribunal dismissed civil servant's appeal against imposition of such penalty---Validity---Civil servant on basis of documents produced in Court contended that charge of misconduct against him had been dropped by Competent Authority at relevant time, therefore, fresh probe on basis of same charge could not be started by new incumbent i.e. Competent Authority---Civil servant also claimed that none of witnesses examined by Enquiry Officer spoke a word in support of charge of misconduct against him, therefore, specific charge could not be deemed to have been proved against him---Leave to appeal was granted to examine contentions raised by civil servant. Petitioner in person. Nemo for Respondents. Date of hearing: 20th March, 1996. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal dated 24-9-1995 (8-10-1995) whereby service appeal of the petitioner was dismissed and the order of departmental authority imposing penalty of 'censure' on the petitioner was maintained. The petitioner was charge-sheeted on 10-9-1991 and as many as 10 charges were levelled against him. Out of 10 charges levelled against him the Enquiry Officer found only charge No.8 as having been established against him, which was to the following effect:-- "You were responsible for creating a situation of law and order and indiscipline on 17-6-1991 as a consequence of your continuous misbehaviour with staff and trainees and managed the arrest of M/s Rana Muhammad Saleem and Abdul Rahi, Naib Farash, Trade Training Centre by police. The trainees of Trade Training Centre and the staff (BPS-1-4) of Trade Training Centre, Ch. Rehmat Ali Community Centre and Aabpara Community Centre assembled on 17-6-1991 in front of the Director General's office in protest to your misbehaviour and the arrest of the said officials managed by you. Not only this, the Pakistan Grades 1-11 Employees Association threatened through Haji…

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