| Citation(s) |
|---|
| 2003 SLG 904 2003 SLD 904 2003 PLC 395 |
Peshawar High Court
Departmental Appeal No.5 of 2002, decision dated: 25-11-2002.
KHALIDA RASHID, J
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Departmental Appeal No.5 of 2002, decision dated: 25-11-2002.
KHALIDA RASHID, J
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MUHAMMAD AYUB KHAN
VS
ABDUL MATEEN KHAN, DISTRICT AND SESSIONS JUDGE, MARDAN (COMPETENT AUTHORITY)
Law:
Section:
(a) North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-----------Rr.2(1)(a)(b), 5 & 6---Disciplinary action against defaulting civil servant---Inquiry procedure to be observed for imposing minor and major penalties exhaustively stated.The definition of "authority" and "Authorised Officer" is provided in Rule 2(1)(b) & (c) of North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973. "Authorised Officer" is defined as an officer authorised by the authority to perform the functions of authorised officer under these Rules. Rule 5 prescribes procedure for initiating disciplinary action against a defaulting Government servant. Where a Government servant is accused of misconduct, corruption etc., it is authorised officer appointed by authority, who has to, with approval of authority, suspend him. Authorised Officer shall also decide whether in the facts of the case or in the interest of justice, un inquiry is to be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure prescribed by rule 6 is to be followed. If authorised officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee, he shall by order in writing inform Government servant of the action proposed to be taken against him and the grounds of such action shall also be communicated to him. It is next required of the authorised officer to give him show-cause notice. However, no such notice shall be given, when authority is satisfied that in the interest of security of Pakistan, it is not expedient to give show-cause notice. On the receipt of explanation of accused, it is again the authorised officer, who is to determine whether the charges have been proved. If it is proposed to impose a minor penalty, he shall pass order accordingly and if it is proposed to impose major penalty, he shall forward case alongwith record i.e. chargesheet, statement of allegations, explanation of accused, findings of Inquiry Officer/Committee, if appointed, and his own recommendations regarding penalty to be imposed, to the authority, who shall then pass such…
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