Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)

Section: 4(1)(b)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- ----R. 4(1)(b)---Punjab Service Tribunals Act (IX of 1974), S.4--­Constitution of Pakistan (1973), Art.212(3)---Charge of embezzlement--­Compulsory retirement from service and recovery of amount---Such penalty was imposed upon petitioners and two other officers on the basis of evidence collected during inquiry---Service Tribunal dismissed appeals filed by petitioners, but accepted appeals of other officers---Validity---Petitioners, in spite of having been served with show-cause notice and publication made in press, had deliberately avoided to participate in disciplinary proceedings---Petitioners had been compulsory retired as a result of subjective assessment made by Competent Authority regarding their performance, which was not found above board---Such assessment fell in exclusive jurisdiction' of Competent Authority---Charge of embezzlement had been proved as a result of departmental inquiry, which otherwise was not possible without connivance of petitioners, who had signed documents concerning handing over stock of misappropriated wheat ---Factum of embezzlement being question of fact, had been determined by Competent Authority after having comprehensive inquiry, which determination had been upheld by Service Tribunal---Sufficient incriminating material had come on record against other two officers, but absolving them of such charge would amount to sheer discrimination--­Supreme Court dismissed petition filed by petitioners and refused to grant them leave to appeal with directions to other two officers to show­ cause as to why s of Service Tribunal passed in their favour (not appearing to be in consonance with evidence as collected against them during inquiry on the basis of which such penalty had been imposed upon petitioners) be not set aside and major penalty imposed upon them by Department be kept intact. Munawar Tahir Hussain v. Government of the Punjab 1990 SCMR 1470 and Najib Ullah v. Assistant Commissioner/Collector 1989 SCMR 679 rel. (b) Civil service--- ----Annual Confidential Report---Performance of civil servant could not be, assessed only on basis of ACR. ORDER JAVED IQBAL,…

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