Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(1)(b)(iv) & 6---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appellant was dismissed from service after charge-sheeting him for gross misconduct and misappropriation of Government cash---Charge-sheet was not issued according to the requirements of R.6(1) of Government Servants (Efficiency & Discipline) Rules, 1973---Appellant was dismissed from service without holding any inquiry into the serious allegations against him and without affording him a reasonable opportunity of showing cause and also an adequate opportunity of defence---Authority could not be allowed to contend that allegations against appellant had been proved--Impugned order was set aside with direction to Authority to reinstate appellant in service---Authority was also directed to conduct de novo enquiry after providing full opportunity of defence to appellant. Sanaullah Noor Ghauri for Appellant. Ch. Rashid Ahmed for Respondents. Date of hearing: 8th December, 2004. JUDGMENT RASHID ALI MIRZA (MEMBER).---Heard the Advocates for parties and perused the record. 2. Appellant was Commercial Assistant when the respondents suspended him from duty on 2-7-1999 and after suspension he was charge-sheeted on 4-4-2000 for gross misconduct alleging that he has misappropriated the Government cash amounting to Rs.2,69,972 for the period from 5-3-1999 to 24-5-1999. The Appellant requested the Respondents to supply the required information to enable him to submit his defence but the respondents did not supply the relevant documents and also no personal hearing was given to defend his case. The Respondents -started recovery of loss from his, pension and allowances in the arbitrary manner from June, 2001. The respondents without observing the Efficiency and Discipline Rules, 1973 dismissed him from the Respondent-Organization vide order dated 9-8-2001. The appellant filed departmental appeal dated 19-8-2001 but the Respondents directed him to appear for enquiry in the matter. The Appellant being dissatisfied with the order of dismissal from service preferred this appeal under section 4 of Service Tribunals Act,…

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