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Government Servants (Efficiency & Discipline) Rules, 1973-------Rr.3(b) & 4(1)(b)(i)(iv)---Dismissal from service---Conversion into reversion of grade---Employee was dismissed from service after issuing him show-cause notice on serious allegation of misconduct---Penalty of dismissal from service imposed upon employee was subsequently converted into reversion as TCR Grade-I for a period of three years--­Record had established that show-cause notice was never served upon the employee---Employee, in circumstances was deprived of an opportunity to defend himself---Serious charges of misconduct had been levelled against the employee, but no inquiry was held against him to determine the true facts---Government Servants (Efficiency and Discipline) Rules, 1973 were not followed by the Competent Authority as well as by the Authorized Officer inasmuch as even show-cause notice was not served upon the employee---Entire proceedings against the employee being illegal order passed against him was set aside. Pervaiz Inayat Malik, for Appellant. Ch. Khalil-ur-Rehman, Counsel for the Respondents. Date of hearing: 4th November, 2003. JUDGMENT MOAZZAM HAYAT (MEMBER).---Appellant Muhammad Nawaz Mirza joined Pakistan Railways on 21-8-1967 as Lower Division Clerk: He was approved for promotion as Head Ticket Inspector and assigned the duties of that post on 29-5-1998. On 16-11-1999 a show­cause notice was issued to him wherein serious allegations of misconduct were levelled against him. It appears that the appellant did not file reply to the show-cause notice and as a consequence thereof he was dismissed from service vide order dated 27-11-1999. Against his dismissal he filed a departmental appeal on 7-12-1999 which was partly accepted by the Appellate Authority vide his order dated 27-1-2000. The penalty of dismissal imposed upon him was converted into reversion as TCR Grade-I fox a period of three years. This penalty of reversion has be6n challenged by the…

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