Law:

Section:

(a) Pakistan Broadcasting Corporation Employees (Efficiency and Discipline) Rules, 1979----Rr.5 & 6---Inquiry Committee consisting of three members---Report of Committee signed by only one member---Validity---Such Committee had been constituted to conduct a preliminary inquiry into allegations prior to issuance of' charge-sheet---Such Committee was a fact¬ finding body and not Inquiry Officer under disciplinary rules. (b) Civil service--- ---- Pensionary benefits---Recovery of amount due from civil servant--¬Employer while defraying sums could legitimately adjust amount due. JUDGMENT FALAK SHER, J.---Petitioner while posted as Deputy Controller High Powers Transmitting Station Pakistan Broadcasting Corporation, Multan, pursuant to a written complaint, which was entrusted to a three Member Committee for preliminary inquiry, on its report was subjected to disciplinary proceedings vide show-cause notice dated 12-2-1998 enshrining the following: "Show-cause notice: Whereas you, Mr. Anwar Hussain, DC, HPT, PEC, Multan, misused PEC vehicles including the private vehicle hired, on the cost of PCB, as reported by Mr. Saeed Ahmed Ansari, Assistant Account Officer, HPT, Multan, in his report dated 25--7-1997, levelling serious allegations against you; and 2. Where in the light of report dated 19-1-1998, submitted by Mirza Muhammad Sarwar, Assistant Account Officer, PBC, Multan (Member of Inquiry Committee), the charges levelled against you have been proved (copy enclosed), and thus you caused a loss of Rs.74,163 to the Corporation; and 3. Whereas your above act amounts to Misconduct and Corruption under the PBC Employees (E&D) Regulations, 1979. 4. Whereas it has been provisionally decided to recover an amount of Rs.74,163 from you; and 5. Now, therefore, you are directed to show cause within 7 days of the receipt of this notice as to why recovery of an amount of Rs.74,163 may not be effected from you. In case you fail to put forward any reply within the specified period, ex parte action will then be taken against you, presuming that you have no defence to put forward. You may also state in writing whether you wish to be heard in person." 2. On which count after…

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