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SALMAN FARUQUI versus JAVED BURKI, AUTHORIZED OFFICER, SECRETARY, MINISTRY OF WATER AND POWER, GOVERNMENT OF PAKISTAN, ISL

R 5 (1) (ii) & (iii) Dismissal of service Inquiry Department Fact is that the complaint of a public servant is that without any departmental inquiry, the competent officer imposed a large fine and was dismissed from the job. ? Serious, complex, controversial and factual questions against a public servant are denied. No careful person can, in such circumstances, conclude that all such allegations of fact were true, without being proven, and if regularly investigated. If it was not proven by then, it was a breach of the interest of justice where the allegations related to the complex question of facts were serious and where the employment dismissal could be punished, there should be regular inquiry to prove such disputed questions. With the help of the R5 provisions. (1) (iii) Government Employees (Talent and Discipline) Rules, In 1973, the authorized officer condemned the public servant for not following the principles of natural justice and by employing public servants (talent and discipline) rules. An inquiry under R5 (1) (ii) of 1973, which was mistakenly sent under R5 (1) (iii), was set aside by the service tribunal and the matter was referred to the competent authority. They were required to hold regular inquiries under R (1) (ii) of the Government Employees (Talent and Discipline) Rules 1973 and then proceed and pass the order accordingly. Appeal was allowed with the law ask a advocate free from Topi lawyer