Law:

Section:

Civil service------- Compulsory retirement---Penalty of compulsory retirement was imposed on civil servant on allegation of receiving illegal gratification---Civil servant allegedly had persistent reputation of being corrupt --- servant was tried by competent Court for offence of receiving illegal gratification, but was acquitted of said charge and complainant was proceeded against for giving false statement against civil servant of receiving illegal gratification and complainant was tried and was sentenced to three years R. I. imprisonment under S.193, P. P. C.---Show­ cause notice was issued to civil servant after more than six years from alleged incident and no explanation of such an inordinate delay was given by Authority and no Departmental action was taken against civil servant during such period---Though for a Departmental action no period of limitation was prescribed but rules of justice and fair play required that such an action should be prompt and without unnecessary delay---Delay of more than six years for initiating Departmental proceedings was very long and civil servant was .prejudiced by said inordinate delay---Civil servant was acquitted of charge by competent Court, but Authority again took more than two years after pronouncement of of acquittal in issuing show-cause notice to civil servant---If Authority was not satisfied with of acquittal, Authority could have appealed against said to the-High Court, but than had not been done--­ Criminal - proceedings though had no nexus, with Departmental proceedings but it was a peculiar case in which complainant was sentenced to imprisonment for giving fake statement against civil servant ---Second charge against civil servant that he had a - persistent reputation of being, corrupt, was also not justified because on a single incident, Authority, was not justified in levelling said charge against civil servant--- Penalty awarded to civil servant could not be sustained, in circumstances---Penalty of compulsory retirement imposed on civil servant was set aside and he was reinstated in service. Ch. Bashir Ahmad for Appellant. Mian Matiur Rehman for Respondents. Date of hearing: 10th June, 2003. JUDGMENT…

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