- —should be rational and proportionate to misconduct—service of civil servant of 20 years—allegation of being habitual absentee— ex-parte inquiry—inquiry report based upon statements of official who allegedly conspired against—evidence not of standard to justify major penalty—It appears that the inquiry has been concluded ex-parte which is mostly based upon the statements of the officials against whom the appellant has levelled the allegation of conspiracy. The examination of the evidence brought on record reveals that it is not of such a standard to justify the imposition of major penalty. According to celebrated principle of the administration of justice the penalty should be rational with the alleged misconduct of the accused. The punishment of dismissal from service to an employee having more than 20 years service in his credit on the ground of absence from duty appears to be too harsh and is not consistent with the principles the administration of justice. Dismissal order converted into compulsory retirement, in circumstances. Tahir Javaid v. Deputy Custodian & others 2017 SCR 293 (D) 2014 SCR 1180, rel.
error: Content is protected !!