Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 3 & 4(1)(b)(iii)

(a) Civil service-------Misconduct---Removal from service---Issuance of corrigendum converting removal from service into compulsory retirement without bringing the matter to the notice of Competent Authority---Validity---Held, after issuance of the notification removing the civil servant from service, Department had become functus officio---No explanation having been offered for the issuance of the corrigendum, same was to be deemed to be null and void.(b) Civil service------Misconduct---Competent Authority had directed that civil servant was to be compulsorily retired but he was removed from service by a notification--�Validity-Notification of civil servant's removal from service being violative of the directions of the Competent Authority would be deemed to be null and void.(c) Government Servants (Efficiency and Discipline) Rules, 1973-----Rr. 3 & 4(1)(b)(iii)---Misconduct---Removal from service---Where nature of charges could not have been made basis for proceeding against the civil servant under the Government Servants (Efficiency and Discipline) Rules, 1973, proceedings taken against the civil servant were totally illegal and contrary to rules.ORDER SH. RIAZ AHMED, J.---The Federation of Pakistan through Secretary, Establishment Division and the Secretary, Ministry of Interior, hereinafter called the petitioners, have filed above two petitions seeking leave to appeal against the judgment dated 24-7-1999 delivered by the Federal Service Tribunal whereby the appeals filed by the respondent Salimullah Khan were allowed and he was ordered .to be reinstated in service with effect from 15-7-1998 with all back benefits. 2. The relevant facts giving rise to the institution of these petitions are startling in nature. The respondent belongs to the Police Service of Pakistan and while he was performing his duties as Director, Bureau of Police Reference and Research, Islamabad, he was proceeded against under the Government Servants (Efficiency and Discipline) Rules, 1973, on nine charges contained in the charge-sheet. The charges are reproduced hereunder:-- "That while posted as Inspector-General (Prisons), N.-W.F.P., Peshawar, you committed the…