Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-- ----S. 4---Dismissal---Misconduct and inefficiency---Appellant, National Savings Officer (Inspection), who was removed from service for misconduct and inefficiency, as he was alleged to have consumed more time in completing audit of National Savings Centres than was taken by other Inspecting Officers in respect of period of equal duration---Further allegation against appellant was that while conducting audit of National Savings Centre, he failed to submit work diary in accordance with relevant instructions for purpose of avoiding fair assessment of daily progress of work---Allegations on charge of inefficiency were such in nature as required evidence for proof but authorised officer decided that no inquiry was required and although appellant stated that he had strained relations with Inquiry Officer no opportunity was afforded to him to disprove charge--­Inquiry Officer who was inimical against appellant was made to sit as a judge in his own cause which vitiated proceedings that followed and was against demand of justice---Appellant protested that said Inquiry Officer was not acceptable to him but in spite of protest same person held an ex parte inquiry and eventually appellant was dismissed from service---Order of removal of appellant from service was passed not by authority/competent officer---Held, since relations of appellant with Authorised Officer were strained, the latter should not have decided about necessity or otherwise of an inquiry, his findings in this respect and subsequent recommendations were tainted and prejudiced against appellant which circumstance was sufficient to vitiate entire proceedings and render them void and of no legal effect---Order of removal of appellant from service was set aside and appellant reinstated in service. WAPDA through its Chairman v. Saeed Ahmad 1985 S C M R 1887; Major Muhammad Nawaz v. Pakistan through Secretary, Communication P L D 1970 Lah. 811; Mohammad Mohsin Siddiqui v. Government of West Pakistan PLD 1964 S C 64; Haji Ghulam Mustafa v. Secretary, Government of Punjab, Agriculture Department 1973 P L C 308; Muhammad Abdullah Khan v. National Bank…

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