Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-- ---R. 5---Termination of service---Appellant, a midwife, charged for illegally causing miscarriage of a woman---Her services were terminated as a result of inquiry---Record showing that proper procedure for initiating proceedings against appellant was not followed---Impugned order was passed against appellant in flagrant disregard of relevant Rules on basis of report submitted by Board of Inquiry which was also not constituted properly---Held, priginal as well as appellate orders of termination of services of appellant were passed in violation of rules and as such were ab initio void---Order of termination was set aside and appellant reinstated in service with back benefits. ORDER RAJA MUHAMMAD ASHRAF KAYANI (MEMBER).--Mrs. Daud Sultana, a midwife in Pay Scale No. B-4, has filed the present appeal under section 4 of Service Tribunals Act, 1975 and has impleaded the District Health Officer, Mirpur and Director Health Services, Azad Jammu and Kashmir, Muzaffarabad as respondents. 2. The appellant has assailed the Order No.8033-36/DHO/85, dated 6-10-1985 passed by the District Health Officer, Mirpur whereby she was awarded major penalty of termination of services. Her appeal against the said order was also dismissed by the Director Health Services vide Order No.19202/ DHS/87, dated 13-8-1987. 3. The relevant facts for the disposal of the present appeal arc that the appellant was serving as midwife in Rural Health Centre Chak Sawari. The Civil Medical Officer of the Centre informed the District Health Officer, Mirpur vide his Letter No. 193/CMO/85, dated 18-7-1985 that the said midwife was found involved in the cases of illegally causing miscarriages of the women approaching her. The District Health Officer vide his Order No. 5217-21/DHO/85, dated 30-7-1985 constituted a Board of Inquiry to probe into the allegations against her, The said Board held an inquiry and also found the appellant responsible for causing illegal miscarriages etc. and on the recommendations the Board of Inquiry, the Services of appellant were terminated by the District Health Officer, respondent No.2, vide…

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