Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)---Leave to appeal was granted by-Supreme Court to consider, whether in the circumstances the inquiry proceedings and the order of removal of civil servant from service were legal and maintainable. (b) Service Tribunals Act (LXX of 1973)--- ---S. 4---Government Servants (Efficiency and Discipline) Rules, 1973, R.6---Removal from service---Failure to comply with the mandatory requirements of the provisions of Government Servants (Efficiency and Discipline) Rules, 1973---Effect---Evidence of witnesses sought to be produced against the civil servant was not recorded by the Inquiry Officer in presence of the civil servant---Charges of corruption and malpractices were not proved and the National Accountability Bureau had finally decided to close its case against the civil servant exonerating him from all the charges including those in the charge-sheet---Order of removal from service passed by the Authorities was maintained by Service Tribunal---Validity--­Proceedings against the civil servant were conducted in violation of the principles and procedure laid down to regulate the inquiry proceedings under the provisions of Government Servants (Efficiency and Discipline) Rules, 1973---Civil servant was deprived of his lawful right to cross-examine the witness---Findings of the Service Tribunal were not warranted by law and the same could not be allowed to hold the field---Notification of removal from service and passed by the Service Tribunal were set aside--­Supreme Court remanded the case to the Authorities for fresh inquiry. ORDER SH. RIAZ AHMED, J.--- This appeal by leave of the Court assails the validity of the order dated 4th o: August, 2000 whereby the Federal Service Tribunal dismissed- the appeal of the appellant challenging his removal from service in terms of Notification dated 3r of February, 1998. Relevant facts giving rise to the institution of the instant appeal are that appellant Asghar Malik joined the Police Department as Assistant Superintendent of Police in 1967 through competitive examination with higher academic qualification. By dint of his hardwork and devotion to his professional duties and with…

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