Law:

Section:

Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977-------R. 8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)---Compulsory retirement---Appeal to Supreme Court---Respondent employee having admitted allegation levelled against him, authorized officer recommended that he be compulsorily retired from service and referred the matter to the Authority, who passed order of his compulsory retirement---Service Tribunal having accepted appeal, set aside order of compulsory retirement and reinstated employee in service---Leave to appeal filed against of Service Tribunal was granted---No charge sheet was furnished to the employee and even the statement of allegation was not provided to him and the authorized officer also did not decide whether in the case inquiry was necessary or not and he without deciding as such suggested for major penalty of compulsory retirement---Competent Authority also did not consider that no chance for evidence was provided to the employee---Employee was not allowed to cross-examine the witnesses produced against him, which was mandatory for Authority under R.8 of Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 to issue a notice and provide an opportunity of hearing to employee before imposing major penalty, but no such opportunity was provided to him---Competent Authority appeared to be not aware of the procedure of Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 and he did not apply its mind and decided the matter without following the procedure prescribed in the Rules---Competent Authority could not be allowed to initiate fresh proceedings against the employee as he remained under trial for the last six years---Such permission could not be granted to the competent Authority on the ground that the Authorized Officer and the Authority were not aware of procedure prescribed for proceedings against the employee---Employee, in circumstances, could not be penalized for the lack of knowledge of Authority and Authorized Officer---Appeal was dismissed. Raja Gul Majeed Khan, Advocate-General for Appellant. Kh. Attaullah Chak, Advocate for…

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