Law:

Section:

Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-------Rr. 4, 5 & 7---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss. 42 & 44---Dismissal from service---Issuance of fresh show-cause notice---Requirement---Civil servants, who were proceeded against for certain allegations, were called upon by Inquiry Officer to submit their reply to charge-sheets against them within 14 days and they submitted their written reply accordingly---Two Inquiry Officers were appointed one after the other to conduct inquiry against civil servants in place of first Inquiry Officer also served identical charge-sheets upon civil servants whereas civil servants had already filed reply to charge-sheets which were served- upon them by first Inquiry Officer---Said Inquiry Officers submitted their reports long after expiry of ninety days and Authority dismissed civil servants from service on basis of the delayed reports after about five years, from service of charge-­sheet on civil servants---Delay in finalizing inquiry against civil servants was against Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, according to which same was to be completed at the most within ninety days---Inquiry report which was submitted after expiry of about three years from initiation of prosecution against civil servants was without holding any inquiry---Report merely stated that as the civil servants did not appear before Inquiry Officer, charges against- them stood proved, whereas under S.7(2) of the Rules, Inquiry Officer was bound to record evidence against civil servants---Validity---Reply of civil servants to show-cause notices earlier issued by first Inquiry Officer was sufficient and subsequent Inquiry Officers were not legally justified to issue fresh show-­cause notice---Subsequently Inquiry Officers should have considered reply which civil servants had already submitted--Authorised Officer having proceeded to initiate proceedings against civil Servants without approval of Authority as envisaged under R.5(1) of Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 said proceedings stood vitiated…

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