Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr.4(1)(b)(i), 5, 6 & 7---Reduction to lower stage in time scale by five steps---Such penalty was imposed upon civil servant after charge­sheeting him and holding enquiry against him---Very important record relating to enquiry against civil servant was not available and was missing and entire enquiry' against civil servant in respect of charges against him were based on certain facts which could have been verified from record, but no such record was available---Enquiry Officer, in circumstances, was not justified in giving his findings which culminated in imposition of major penalty---Order imposing penalty was set aside and case was remanded with direction to the Authority to hold fresh enquiry after making all relevant record available and after giving full chance to civil servant to cross-examine witnesses and to put up his defence within specified period. Sanaullah Noor Ghori for Appellant. Umar Qureshi for Respondents. Date of hearing: 15th April, 2003. JUDGMENT AKBAR M. MEMON (MEMBER). ---Appellant hereinabove has challenged the order dated 4-7-2000, whereby he was imposed penalty of "reduction to lower stage in time scale by five steps". The order in question is reproduced hereunder:-- "SUBJECT: DISCIPLINARY ACTION AGAINST MR. BEHROLAL VIRJANI DIVISONAL ENGINEER DIRECTOR STR-II, KARACHI. Mr. Behrolal Virjani, Divisional Engineer Director STR-II, Karachi was served with a charge-sheet vide this office letter of even number dated 30-12-1999, under Government Servants (Efficiency and Discipline) Rules, 1973 (as adopted by the PTCL). 2. The "Authority" after having gone through the report of the inquiry Officer, defence reply of the accused and other facts and circumstances of the case, has imposed penalty of "Reduction to lower stage in time scale by five steps" upon Mr. Behrolal Virjani, Divisional Engineer Director STR-II, Karachi. (Sd.) (AZIZ-UR-REHMAN BABAR) DIRECTOR (STAFF-I)" 2. Mr. Sanaullah Noor Ghori, learned counsel for the appellants has contended that the present appellant had entered the service of erstwhile Pakistan Telegraph and Telephone Department now PTCL as Assistant…

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