' SAJJAD ALI SHAH, C.J.---The grievance of the petitioner is that he was charge-sheeted on the ground that there was temporary misappropriation of the amount of Rs,4,24,500 for which explanation was furnished by him that he deposited it late due to overburden of work, but his explanation was not accepted and straightaway order of major penalty retiring him from service compulsorily was passed without any enquiry. Perusal of the order of compulsory retirement passed on 30-3-1995 is indicative of the fact that in view of admission in the written defense statement, personal hearing was granted which shows that summary procedure was adopted dispensing with regular enquiry. It is contended before us that the procedure prescribed under Rule 5 of the Government Servants (Efficiency and Discipline) Rules, 1973 was not followed and that there was no order passed or reasons assigned for dispensing with regular enquiry and ordering holding of summary enquiry. In support of the proposition, reliance is placed on the case of Muhanuttad Iqbal v. Federation of Pakistan (1995 SCM R 1042).
2. Leave is granted to examine this case in the light of the contention mentioned above.