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GHULAMMUHAMMADKHAN versus PRIMEMINISTEROFPAKISTAN


Constitution 5 and 6 of the Constitution of Pakistan (1973), Article 212 The allegation of misconduct by a public servant was the nature of the allegations against the public servant, which could not have come true without recording evidence in support of the inquiry officer. ? Government employees have the right to inspect from witnesses which may be presented in support of allegations that after the Service Tribunal found such material irregularities in the Department of Inquiry, it was not justified in concluding. There was no prejudice by the public servants. Such irregularities were prematurely removed from the job by imposing a mandatory retirement penalty and such punishment could not be considered to be of a nature that did not prejudice the employees of the service tribunal. The decision was not sustainable and hence the notification was issued to the government employees for retirement. The service tribunal's decision to impose a major penalty decision was determined ASI and the civil servant was re-served with back benefits.

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