Inquiry

--- Inquiry --- Fact-finding inquiry and regular inquiry --- Distinction --- A fact finding inquiry is distinct from a regular inquiry as envisaged under the E&D Rules, 1973.

--- Disciplinary proceedings --- Scope --- Major penalty of dismissal from service cannot be awarded without conducting regular inquiry or providing opportunity of being heard to a civil servant, as it amounts to violation of principles of natural justice.

--- Inquiry --- Dispensation of regular inquiry --- Scope --- While imposing any major or minor penalty regular inquiry has to be conducted to establish the charges against a civil servant, unless it is dispensed with, while disclosing sufficient reason in writing in terms of Rule 5(iii) of E&D Rules, 1973 --- The law does not permit the dispensation of regular inquiry even in cases where minor penalty is imposed, unless there are sufficient reasons disclosed by the competent authority for dispensation of regular inquiry --- In order to ensure transparency and fair trial in the departmental proceedings against a civil servant, adherence to the Law, Rules and procedure prescribed therein must be made in letter and spirit --- Fair trial is sine qua non as guaranteed under Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973 which has to be read into every statute, including the Civil Servant Act, 1973 and cannot be ignored under any circumstances, irrespective of the fact that the penalty imposed against a civil servant pursuant to such proceedings is major or minor in nature.