Law:

Section:

(a) Civil service-------Acquittal from criminal case---Initiation of disciplinary proceedings against civil servant---Scope---Acquittal of civil servant from Court would not impose any bar for initiation of disciplinary proceedings as his acquittal would have no bearing on disciplinary proceedings at all. Arif Ghafoor v. Managing Director PLD 2002 SC 13 fol. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 3, 4, 5 & 6---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Charges of corruption---Acquittal of civil servant from criminal case---Subsequent dispensation with regular inquiry initiated earlier and following summary procedure at the directions of competent authority---Imposition of penalty by Executive Engineer instead of Superintending Engineer being competent authority---Service Tribunal in appeal set aside penalty and reinstated civil servant in service with back-benefits---Validity---Serious charges of corruption had been levelled against civil servant---Acquittal of civil servant from Court would not impose bar on initiation of disciplinary proceedings---Necessary formalities as envisaged under the Rules had been adhered to and order of dismissal had been passed after affording proper opportunity of hearing to civil servant---Order of dismissal seemed to have been passed by Executive Engineer under some false impression or due to inadvertent omission and on its basis all proceedings conducted in accordance with the Rules could not be declared ab initio void---In view of dispensing with inquiry and following summary procedure at the direction of competent authority, no fresh enquiry could be held as same would cause serious prejudice to civil servant and department would be in an advantageous position to fill in gaps, benefit whereof, if any, should be given civil servant---Supreme Court accepted appeal and set aside impugned by remanding case to competent authority to decide matter on basis of available evidence without conducting fresh inquiry. Arif Ghafoor v. Managing Director PLD 2002 SC 13 fol. (c) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 5(iv)---Dispensing with…

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