Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973---------R.4(1)(b)(iv)---Dismissal from service---Only ground on which civil servant was dismissed from service was his absence from duty---Civil servant was given a memorandum showing certain allegations against him and he was required to explain as to why disciplinary action should not be taken against him---Civil servant on receiving said memorandum explained his position and submitted that he had some family problems due to which he was upset and could not attend the office---Authority, without considering explanation of civil servant, dismissed him after issuing him show-cause notice, but without holding enquiry against him---Evidence on record had shown that all servant had some family problems which he used to bring to the notice of Authority, but Authority instead of taking any lenient view had straightaway dismissed him from service---Civil servant admittedly was psychic on account of frustration and family problems which had further aggravated due to his dismissal from service---Better course for Authority was to have referred civil servant to some psychiatric, but that had not been done---Now when civil servant had reached to a stage where he was not able to work, it was better for the Authority to order his retirement from service, instead of dismissing him from service, which was too harsh---Penalty of dismissal from service awarded to civil servant, was converted to that of retirement from service on compassionate grounds as civil servant was not able to work in Department on account of his weak mental faculties. Niaz Ahmed Khan for Appellant. DR. Moinuddin CAO in attendance. Date of hearing: 17th February, 2003. JUDGMENT AKBAR M. MEMON, MEMBER.---Heard appellant in person and so also Mr. Niaz Ahmed Khan, standing counsel for the respondents. D.R. Mr. Moinuddin, CAO in attendance. 2. The appellant, while giving the details of his woe and misery, has contended that he had served the respondents for seventeen (17) years without any adverse entry In the month of May, 1992 he received a memorandum that he is highiy irresponsible, indisciplined worker, late comer, absconder and has always been…

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