Law:

Section:

Government-Servants (Efficiency and Discipline) Rules, 1992-------Rr.9(2) & 15-Balochistan Service Tribunals Act (V of 1974), S.4--­Minor penalties---Imposition of---Appeal---Minor penalties of censure and withholding of promotion for a period of three years, were imposed on appellant on certain allegations on report of Inquiry Officer--­Appellant was only held responsible by Inquiry Officer for being absent when alleged incident took place---Authorised officer on going through inquiry report, exonerated appellant from the charge against him, but notification of exoneration was withdrawn later on and impugned minor penalties were imposed upon appellant by Competent Authority---First Proviso to sub-Rule (2) of R.15 of Government Servants (Efficiency and Discipline) Rules, 1992, embodied that if any order prejudicial to civil servant was passed, same would not be passed, unless he had been given an opportunity of a show-cause--­Order imposing penalties was passed against appellant without giving him any opportunity of hearing---Order passed against appellant in violation of R.15(1)(2) of Government Servants-(Efficiency and Discipline) Rules, 1992 being against principles of natural justice, was set aside. Maqsood Ahmad Shah v. Islamic Republic of Pakistan Secretary, Establishment Government of Pakistan and others 1987 SCMR 1562 ref. Muhammad Aslam Chishti and Malik Manzoor Ahmed for Appellant. Salahuddin Mengal A.G. for Respondent. Date of hearing: 6th May, 2004. JUDGMENT AMANULLAH KHAN (CHAIRMAN).---------This Appeal under section 4 of the Balochistan Service Tribunals Act, its directed against the order, dated 21st April, 2000, passed by the Competent Authority, whereby following minor penalties were imposed upon the A Appellant:-- (i) Censure (ii) Withholding of promotion for a period of three years. Facts giving rise to this appeal are that, appellant Muhammad Saeed Jamali was posted as Assistant Commissioner, Taftan where an incident of firing took place on 6th September, 1999, whereby a boy was killed and three other persons were injured by Personnel of Kharan Rifles, stationed at Taftan. The background was that, as Taftan is located on Pak-Iran border…

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