Law:

Section:

(a) Government Servants (Conduct) Rules, 1964---- ----R. 12(2)---Constitution of Pakistan (1973). Art.212(3)---Allegation of misconduct---Civil servant had himself explained that after selling the property, he gifted the amount to his wife who invested the same in a business venture with a person whose two affidavits were on record but those affidavits were not gone into by the Service Tribunal and that the evidence which was relied upon by the Inquiry Officer in the case was brought on record by the civil servant himself and there was no incriminating material produced by the prosecution to prove the misconduct on the part of civil servant---Leave to appeal was granted by the Supreme Court to consider the question as to whether R.12(2) of the Government Servants (Conduct) Rules, 1984 was applicable to the case of civil servant or not. (b) Government Servants (Conduct) Rules, 1964-------- ----Rr. 14(2) & 16---Government Servants (Efficiency and Discipline) Rule, 1973. 8.2(4)---Allegation of misconduct---Civil servant had declared hi, income in the declaration of assets without any concealment and mere non­ mentioning of source of income in the declaration, would not be as such violation of Rules to constitute misconduct---Detailed disclosure of source of income shown in the declaration being not an express requirement of Rules, the non-disclosure of the same was only an omission which could be rectified at any subsequent stage---Reply submitted by the civil servant to the show-­cause nonce and the charge-sheet contained sufficient explanation regarding the legitimate source of his income and there was neither any allegation of corruption against the civil servant nor he was charged of misuse of power or taking of any benefit from any person which might place him under any sort of official obligation---Civil servant was also not found to have used official influence to hold him responsible of jeopardizing the public interest---Mere fact that civil servant proceeded on foreign trips with family sponsored by his close relatives or his wife made investment in the family business of in­ laws of her son, would not be objectionable under Government Servants…

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