Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973----Rr.3(c)(b) & 4(b)(iv)---Service Tribunals Act (LXX of 1973); Ss.4 & 5(1)---Dismissal from service---Civil servant was dismissed from service on charge of misconduct/inefficiency---Civil servant was served with a letter of explanation, in which it was stated that civil servant was in the habit of making disparaging remarks, false and frivolous, complaints about his superiors, exhibiting conduct which was unbecoming of an employee and a gentleman and he was also in the habit of wilful insubordination and breach of service 'discipline and the instructions issued by Authority---Furthermore civil servant was a habitual litigant on frivolous and illegal causes---Said letter of explanation did not indicate inefficiency on the part of civil servant nor it contained any charge of corruption and his failure to receive letter would not call for major penalty of dismissal from service---Apparently some bad relationship existed between civil servant and his superiors---Allegation of refusal to acknowledge a memo. was not a ground for dismissing a Government servant---Order of dismissal from service was modified to that of censure as per S.5(1) of Service Tribunals Act, 1973 and civil servant was re­instated in service with full back-benefits. M. Shoaib Shaheen for Appellant. Irfan Mushtaq for Respondents. Date of hearing: 15th October, 2001. JUDGMENT DR. AKHTAR HASAN KHAN (MEMBER). ---This is an appeal by Syed Iftikhar Ali Shah who felt aggrieved by an order dated 22-8-2000 whereby he was dismissed from service on the charge or misconduct/inefficiency. He preferred departmental appeal on 30-8-2000 which was not responded to. The present appeal filed on 21-12-2000 is. therefore, within time. The appellant was served with a letter of i explanation, which reads as follows:--- "You were transferred to the disposal of XEN Kasur Divn., Kasur vide SE 5th Lahore Circle S/on 0683, dated 25-4-2000, endost No.10239-42, dated 25-4-2000 and subsequently, you were relieved on the same date vide P/500 N.M. vide Memo. No. 981-84, dated 23-4-2000. You were instructed to acknowledge the said memo, but you refused to…

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