Law:

Section:

(a) Government Servants Efficiency and Discipline Rules, 1973-----R.5---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted to examine questions of law of public importance firstly whether Service Tribunal was justified in holding that the order of dismissal was vitiated, on account of the summary procedure adopted, without examining the further question whether adoption of such procedure was oppressive and perverse and secondly whether departmental proceedings were rendered illegal without the authority addressing and deciding the question as to which procedure be adopted in the circumstances of the case. (b) Government Servants Efficiency and Discipline Rules, 1973-- ---R.5---Government servant serving as Assistant Postmaster (Savings) was found on 15-1-1972 in possession of a warrant of payment of Rs.3,500 which was dated 20-12-1971---Statement of said Government servant was recorded at that very time in writing and he was placed under suspension forthwith and after stating in great detail the facts of the case, charges were communicated to him in writing--­Government servant had admitted that he 'had attested the signatures of account holder, that he did not know the person who introduced her but was certain that no particular official had introduced her---Warrant of payment on which last draw was made, was admittedly found in the drawer of the Government Servant and was kept by him there---Explanation of Government servant was rejected and same was not borne out by contemporaneous record which was required to be maintained for such an instrument ---Deputed authorities thus could have adjudged the Government servant guilty of the dereliction of which he was charged---Charge-sheet given to Government servant was in form of a show­cause notice enumerating the charges, the material on which it was based and the extent he was involved---Shorter procedure thus was adopted by serving such a charge-sheet and this was a substantial compliance with the requirements of R.5 of Efficiency and Discipline Rules, 1973---Government servant, therefore,, had no vested right in the procedure and the competent Authority could decide on the material which…

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