' Muhammad Younis Thaheem, J.--Through instant Corstitution petition, Shah Wazir Khan, the petitioner, seeks issuance of an appropriate writ, directing the respondents for his reinstatement in terms of Rule 6 of Khyber Pakhtunkhwa Government Servants (Efficiency & Disciplinary) Rules, 2011.
2. In essence, the petitioner being Chief Conservator of Forest, Malakand, was placed under suspension alongwith 7 others vide notification dated 3.4.2015 and till date no inquiry has been conducted against him nor his period of suspension was extended in terms of Rule 6 of Khyber Pakhtunkhwa Government Servant (Efficiency & Disciplinary Rules 2011 nor has been reinstated.
Hence the instant Constitution petition has been filed by the petitioner.
3. Arguments heard and record perused.
4. From perusal of record it transpires that petitioner was working as Chief Conservator of Forest, Malakand Forest Region-III, in BPS-20 whose services were suspended vide Notification No, SO(EI)E&AD/9-112/2015 dated 3.4.2015, same impugned suspension notification is in violation of Rules 5 & 6 of Khyber Pakhtunkhwa Government Servants (Efficiency & Disciplinary) Rules, 2011 as no reason, grounds or cause for suspension of a civil servant in BPS-20 has been assigned in the said suspension order nor any inquiry has so far been conducted in the matter.
5. The law which covers such matters is provided in Khyber Pakhtunkhwa Government Servants (Efficiency & Disciplinary) Rules, 2011, and the relevant provision of Rules 5 is reproduced as under:- "Initiation of proceedings: (1) If on the basis of its own knowledge or information placed before it, the competent authority is of the opinion that there are sufficient grounds for initiating proceedings against a Government servant under these rules it shall either:--
(a) Proceed itself against the accused by issuing a show-cause notice under Rule 7 and for reasons to be recorded in writing, dispense with inquiry: ' Provided that no opportunity of showing cause or personal hearing shall be given where;
(i) The competent authority is satisfied that in the interest of security of -Pakistan or any part thereof, it is not expedient to give such an opportunity; or
(ii) A Government servant has entered into plea bargain under any law for the time being in force or has been convicted on the charges of corruption which have led to a sentence of fine or imprisonment; or
(iii) a Government servant is involved in subversive activities; or
(iv) It is not reasonably practicable to give such an opportunity to the accused; or
(b) Get an inquiry conducted into the charge or charge against the accused, by appointing an inquiry officer or an inquiry committee, as the case may he, under Rule 11: ' Provided that the competent authority shall dispense with the inquiry where;
(i) A Government servant has been convicted of any offence other than corruption by a Court of law under any law for the time being in force; or
(ii) A Government servant is or has been absent from duty without prior approval of leave: ' Provided that the competent authority may dispense with the inquiry where it is in possession of sufficient documentary evidence against the accused or, for reasons to be recorded in writing, it is satisfied that there is no need to hold an inquiry.
2. The charge sheet or statement of allegations or the show-cause notice, as the case may be, shall be signed by the competent authority.
6 While Rule 6 of the Act ibid, relates to the period of suspension, which is reproduced as below:- "Suspension.--A Government servant-against whom action is proposed to be initiated under Rule 5 may be placed under suspension for a period of ninety days, if in the opinion of the competent authority, suspension is necessary or expedient, and if the period of suspension is not extended for a further period of ninety days within thirty days of the expiry of initial period of suspension, the Government servant shall be deemed to be reinstated.
7. According to Rule 6 of the Act ibid, after proceedings initiated under Rule 5 against a civil servant, he may be placed under suspension for a period of 90 days and that also if it is in the opinion of competent authority necessary. The petitioner is a civil servant whose suspension order was notified/issued on 3.4.2015 and the prescribed period of 90 days, has been passed/lapsed while no extension of said suspension order has been made by the competent authority within the stipulated period of one month as per Rule 6 of ibid Act, hence at the expiry of initial period of suspension, the person suspended shall be deemed to be reinstated.
8. In the light of above discussion, we admit and allow this petition with the direction to the respondents to reinstate the petitioner in terms of Rule 6 of Khyber Pakhtunkhwa Government Servants (Efficiency & Disciplinary) Rules, 2011.