Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-------R. 4(1)(b)(i)---Constitution of Pakistan (1973), Art.212--­Misconduct---Civil Servant, on leave for Hajj, performed Hajj and where-after, proceeded to Germany and USA; he had not obtained prior permission from the-concerned Authority for visiting said countries; he had already obtained visa for the said two countries a year before going to Hajj and thus, he had ample time before proceeding to said countries to inform 'the Authorities about such visits and circumstances had revealed that he deliberately did not inform the Authorities for the reasons best known to him--Effect---Such -conduct of civil servant was a gross misconduct on his part and even on such charge he could be removed/dismissed from service---Department was lenient when it had only revered him from BS-19 to BS-18---When ex-Pakistan leave was granted an employee could only visit to the country for which said leave was granted; it was not his sweet will to visit other countries--Civil servant in the present case, being a police officer must, have shown by his Conduct that he belonged to a disciplined force of Pakistan---Civil servant was guilty of misconduct as teas held by the department--­Supreme Court' converted the petition into appeal and dismissed the same. (b) Fundamental Rules--- ----R.29---OM.No.16/18/94-R.2 dated 9-9--1998---Constitution of Pakistan (1973), Art.212---Scope and requirements of Fundamental Rule, R.29---Fundamental Rule 29 requires that if a Government servant is, on account of misconduct or inefficiency, reduced to a lower stage in his time scale, the authority ordering such reduction shall state the period for which it shall remain effective and whether, on restoration, it shall operate to postpone future increments and if so, to what extent---While passing an order imposing a penalty of reduction to a lower post or time scale or to a lower stage in a time scale by the authority, the requirements of FR 29 should be strictly observed---Where in a case of misconduct by the civil servant, the authority imposing penalty had failed to specify the period for which such penalty would remain effective, Supreme…

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