MUHAMMAD JEHANGIR AWAN vs HONOURABLE AUTHORITY through Registrar Islamabad R — 2025 PLC(CS) 876 ISLAMABAD

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MUHAMMAD JEHANGIR AWAN VS HONOURABLE AUTHORITY through Registrar Islamabad R. 25, proviso---Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, R.6---Disciplinary proceedings---Dismissal from service---Regular inquiry, dispensing with---Non-recording of reasons---Back benefits---Appellant / judicial officer was dismissed from service on the allegation of misconduct---Plea raised by appellant / judicial officer was that no regular inquiry was conducted against him during departmental proceedings---Validity---Appellant / judicial officer did not submit any representation envisaged by R. 6(3)(c) of Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, against decision of Authority to dispense with an inquiry---Inquiry could be dispensed with where there was no dispute with respect to facts alleged against accused---Appellant / judicial officer in his reply to show cause notice disputed facts which had formed the basis of issuance of show cause notice to him---There was no separate order of Authority on record dispensing with conducting a regular inquiry against appellant / judicial officer---Show-cause notice listed the reasons which caused competent authority to take a prima facie view that appellant / judicial officer committed misconduct but they were not the reasons for dispensing with regular inquiry---Said reasons simply stated the allegations that were levelled against appellant / judicial officer and nothing more---Mandatory condition of recording reasons for dispensing with regular inquiry had not been fulfilled in departmental proceedings in question---High Court set aside order passed against appellant / judicial officer for non-recording of essential prerequisites for dispensing with regular inquiry and matter was remanded to competent authority for proceedings afresh---High Court declined to award back benefits as allegations against appellant / judicial officer were to be inquired into and his entitlement to back benefits would depend on the result of such proceedings---Appeal was allowed accordingly.

MUHAMMAD JEHANGIR AWAN vs HONOURABLE AUTHORITY through Registrar Islamabad R — 2025 PLC(CS) 876 ISLAMABAD

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