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Civil Appeal No. 33 of 1984, decided on 24th June, 1984.

(On appeal from the judgment and order dated 17‑5‑1983 passed by the Federal Service Tribunal in Appeal No. 83(R) of 1981).

Constitution of Pakistan (1973)‑‑

‑‑Art. 212(3)‑‑Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 5 a 6‑‑Civil servant neither supplied with a copy of Inquiry Report nor issued a second show‑cause notice‑‑Order imposing penalty set aside‑‑Direction issued to authorities to resume proceedings by furnishing a copy of inquiry report to civil servant giving him a reasonable opportunity to show‑cause notice against proposed order to enable him to offer his explanation.

Syed Mir Muhammad v. N.‑W.F.P. Government P L D 1981 S C 176 rel.

Muhammad Siddiq Siddiqi, Advocate Supreme Court for Appellant.

Munir A . Sheikh, ‑Deputy Attorney‑General for Pakistan assisted by Ch. Akhtar Ali, Advocate‑on‑Record for Respondent

Date of hearing: 24th June, 1986.

The learned Deputy Attorney‑ General states that as no copy of the inquiry report was supplied to the appellant, and no second show‑cause notice was issued to him before imposing the penalty, the appeal may be allowed in terms of the decision in the case of Syed Mir Muhammad v . N . W . F . P. Government P L D 1981 S C 176 rel.

Accordingly, we would set aside the order imposing the penalty, and direct that the proceedings be resumed by furnishing a copy of the inquiry report to the appellant and giving him a reasonable opportunity to show‑cause against the proposed order in terms of the judgment of this Court in Syed Mir Muhammad's case so as to enable the appellant to offer his explanation.

The appeal is accordingly disposed of but with no order as to costs.

M.Y.H. Appeal accepted.

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