Law:

Section:

Civil Servants Act (LXXI of 1973)-------Ss.12, 13---Service Tribunals Act (LXX of 1973), S.3-A(2)(b)---Government 'Servants (Efficiency and Discipline) Rules, 1973, Rr.3, 4 (1)(b)(1), 5 & 6---Demotion to lower rank and voluntary retirement---Appeal---Appellant in his appeal had challenged two orders; one whereby he was demoted from Grade-V to Grade-IV and second whereby Authorities had accepted option of appellant under Voluntary Retirement Scheme---Appellant was reversed/demoted from Grade-V to Grade-IV after issuing as many as 17 show-cause notices and holding inquiry against him on different allegations of subversion of discipline, misconduct and numerous other allegations---Appellant admittedly had taken part in inquiry proceedings, he was provided copy of statement of prosecutor and he had never complained about not providing him an opportunity of defence in his Departmental appeal---Those facts had shown that formal inquiry into allegations against appellant was held providing him opportunity of defence and it could not, in circumstances, be said that appellant was not given any opportunity of defence or that no formal inquiry was held against him---No injustice or discrimination had been caused to appellant in taking action against him---Allegations levelled against appellant had fully been proved---Appeal against impugned order was rejected, in circumstances---Regarding grievance of acceptance of Voluntary Retirement Scheme, appellant had alleged that he had not at all opted for such retirement and that option form in respect of Voluntary Retirement Scheme was bogus one and was not signed by him---Appellant had also alleged mala fide of Authority in that respect---Question needing further probe, it was ordered that proper inquiry be made in that respect within specified period---Appellant was reinstated in service in demoted Grade-IV to participate in said inquiry. Sanaullah Noor Ghauri for Appellant. Zahid Hamid for Respondents. Date of hearing: 18th April, 2003. JUDGMENT AKBAR M. MEMON (MEMBER).---Appellant hereinabove, has challenged the order of his demotion dated 11-8-2000 and order dated 15-8-2000, whereby the respondents accepted the…

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