Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 212(3)---Leave to appeal was granted by Supreme Court to consider; whether findings of Service Tribunal reversing the findings of departmental authority were based on evidence on record or were based on conjectures or surmises. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)-Leave to appeal was granted by Supreme Court to consider that if order of reinstatement of civil servant in service was upheld, could he be declined in law the arrears of pay for the period he remained out of service in the facts and circumstances of the case. (c) Civil service--- ---Misconduct---"Departmental" and "criminal proceedings"---Distinction---Prosecution before a regular Court for charge of criminal misconduct and departmental proceedings for charge of misconduct being governed by different laws and rules of procedure, are entirely different---Misconduct under Government Servants (Efficiency and Discipline) Rules, 1973, means conduct prejudicial to the good order of service, discipline or of unbecoming of an officer and a gentleman and contrary to Government Servants (Conduct) Rules, 1964 whereas charge of criminal misconduct is based on the element of mens rea and criminal intent---Criminal Courts in the light of strict observance of law of evidence, have to judge admissibility of evidence to hold a person guilty of criminal charge but in case of charge of misconduct, departmental authorities are not required to follow technicalities of law---Unless essential elements of components of a criminal offence are proved through evidence, direct or circumstantial, the conviction is not possible, whereas in case of misconduct, departmental authorities may not follow complicated procedure of criminal Courts and rule of appraisal of evidence, rather such authorities in the light of general principle of law may determine question of guilt or innocence of a person by giving him a fair and adequate opportunity of hearing in accordance with law. (d) Government Servants (Efficiency and Discipline) Rules, 1973--- ---Rr. 2(a) & 5(1)(ii)---Criminal Procedure Code (V of 1898), S.265-K---Misconduct---Misappropriation of Government…

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