Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 3, 4(1)(b)(i)(iv) & 5---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service and reduction in rank---Appeal---Penalties of dismissal from service and reduction in rank were imposed on allegation of misconduct like embezzlement of huge government money and making illegal appointments, even in violation of ban imposed by Government on said appointments---Appellants were issued show-cause notices and inquiry was also held against them--Allegations levelled against one of the appellants, on the face of it, in the light of the correspondence made by appellant, appeared to be absurd and there was no mala fide intention on part of the appellant---Penalty of reduction in rank for a period of two years awarded to appellant, being opposed to facts brought on record, was neither maintainable nor sustainable and was liable to be set aside---Allegations of very serious nature levelled against appellants having been denied by them, regular inquiry was very much necessary---Previously, regular inquiry though was conducted, but since said disciplinary proceedings were withdrawn being infructuous on account of legal lacunae, findings arrived therein could not be made basis for awarding major penalty in subsequent proceedings---Impugned order in respect of two appellants, was set aside and matter was remanded for conducting fresh inquiry in accordance with existing law---Appellants were directed to be reinstated in service to clothe with status of civil servant only for purpose of facing fresh disciplinary proceedings, which would be concluded within specified period--Intervening period would follow the outcome of fresh proceedings. Nizam Ali Khan for Appellant (in Appeal No.63 of 2001). Ansari Abdul Lateef for Appellant (in Appeal No.79 of 2001). Abdul Lateef Channa for Appellant (in Appeal No.117 of 2001). Mrs. Tabassum Ghazanfar, Asst. A.-G. for Respondents. Date of hearing; 11th May, 2006. JUDGMENT JUSTICE (RTD.) ABDUL GHANI SHAIKH (CHAIRMAN).---These above titled three appeals involving common question of facts and law, by consent of the parties' counsel were heard together and are being…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492