Law:

Section:

(a) Punjab University Employees (Efficiency and Discipline) Statutes, 1975--------Statutes Nos.5, 6(2), 6(3) & 7---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Inquiry proceedings---Competent Authority, appointed Authorized Officer under Statute No.5 of Punjab University Employees (Efficiency and Discipline) Statutes, 1975 to proceed against civil servant---Authorized Officer was to decide whether in the facts of the case and in the interest of justice any inquiry should be conducted by Inquiry Officer or Inquiry Committee and in case it was so decided, Inquiry Officer or Inquiry Committee was to be appointed by Authorized Officer under Status No.6(2) of Punjab University Employees (Efficiency and Discipline) Statutes, 1975---If, however, Authorized Officer, acting under Statute 6(3) of Punjab University Employees (Efficiency and Discipline) Statutes, 1975 would decide that it was not necessary to have an inquiry conducted through an Inquiry Officer and Inquiry Committee, he would 'proceed in the matter by informing civil servant of the action proposed to be taken and the grounds of action and give him reasonable opportunity of showing cause against proposed action---When Inquiry Officer or Inquiry Committee was appointed, Authorized Officer, would frame the charge and communicate the same to accused civil servant as required by Statute No. 7 of Punjab University Employees (Efficiency and Discipline) Statutes, 1975 and then Inquiry Officer or Inquiry Committee would hold an inquiry--­Authorized Officer, in the present case, framed the charge-sheet, but it was not brought on record whether any decision was taken by Authorized Officer as contemplated by Statute No.6(2) or 6(3) of Punjab University Employees (Efficiency and Discipline) Statutes, 1975---Framing of charge, according to Statute No.7 of Punjab University Employees (Efficiency and Discipline) Statutes, 1975. would follow only after an Inquiry Officer or Inquiry Committee was appointed, but Authorized Officer in complete ignorance of said Statutes, after issuing charge-sheet to the civil servant, himself proceeded to hold inquiry---Procedure adopted by Authorized Officer,…

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