Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.185(3)---Leave to appeal was granted .by the Supreme Court to consider whether of Service Tribunal was sustainable as the main written by its Member appeared to be based on reactionary approach rather than the legal one for not filing the parawise comments; that whether the inquiry report which was quite in detail and wherein the civil servant fully participated, could be brushed aside by the Tribunal as no reference was made to it in the made by the Tribunal and that whether the civil servant in view of the charges against him was entitled to reinstatement in' service with all consequential benefits. (b) Government Servants (Efficiency and Discipline ) Rules, 1973--- ----Rr.2(4), 3(b) & 6---Service Tribunals Act (LXX of 1973), S.4--­Reinstatement---Imposing of major penalty---Failure to conduct proper inquiry---Civil servant was dismissed from service on the charge of misconduct ---Fact finding inquiry proceedings pertaining to two charges against the civil servant were conducted by the Department and on the basis of such inquiry report major penalty of dismissal from service was awarded---Civil servant; on the contrary, was exonerated in the inquiry conducted by Federal Investigation Agency as' there was no material available against him---Service Tribunal allowed the appeal and the civil servant was re-instated in the service---Validity---In case of awarding major penalty, a proper inquiry was 4o be conducted in accordance with R.6 of Government Servants (Efficiency and Discipline) Rules, 1973; wherein a delinquent officer was to be provided -an opportunity of defence and personal hearing after issuing him show-cause novice and obtaining his reply thereto and if the charges were proved in the regular inquiry, he was to be penalized---Judgment ,passed ,by the Service Tribunal was based on valid reasons and was in consonance with the law laid down by Supreme Court---Neither there was misreading or non­reading of material evidence, nor misconstruction of facts or law was involved in the of the Service Tribunal, appeal was dismissed by the Supreme Court. Jan Muhammad v. General Manager, Karachi Telecommunication…

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