Law:

Section:

Fundamental Rules---   ----R. 54-A ---ESTACODE, R.6(3)---Disciplinary proceedings---Attaining the age of superannuation---Effect---Principle of audi alteram partem---Applicability---Civil servant was dismissed from service on the charge of misconduct and dismissal order was maintained by Service Tribunal---Plea raised by civil servant was that during departmental inquiry he was condemned unheard as he was not provided any opportunity to cross examine the witnesses who appeared against him---Validity---Whether Estacode provided to an officer under inquiry any opportunity of hearing or not, was altogether immaterial because even if not provided (which it had), the principle of audi alteram partem was to be read as a part of every statute, Rule or Regulation---Pending disciplinary proceedings against civil servant abated if the latter had attained the age of superannuation---Such civil servant was entitled under Fundamental Rule, 54-A to retire with full pensionary benefits and period of suspension was bound to be treated as period spent on duty---Civil servant was condemned unheard and the order of his dismissal from service suffered from mala fide of law---Supreme Court declined to send the matter back to department for holding de novo inquiry and set aside the and order passed by Service Tribunal and authorities respectively---Appeal was allowed.     Tulsi Ram Patels case AIR 1985 SC 1416; National Bank of Pakistan v. Muhammad Iqbal 1986 SCMR 234; Rana Muhammad Sarwar v. Government of Punjab 1990 SCMR 999; Deputy Director Food v. Akhtar Ali 1997 SCMR 343; Secretary to Government of N.-W.F.P. v. Saifur Rehman 1997 SCMR 1073; Syed Sajjad Haider Kazmis case 2007 SCMR 1643; Bilquis Nargis case 1983 PLC (C.S.) 1141; Abdul Wali 2004 SCMR 678 and Muhammad Akhtars case 2007 PLC (C.S.) 400 rel.   JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- The appellant, with leave of court, has filed this appeal against the judgment dated 6-11-2000 of the learned Federal Service Tribunal Islamabad, whereby, his appeal against dismissal dated 16-7-1998 from service on charges of misconduct and corruption, was dismissed. 2. On the allegations mentioned in para-5 of the…

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