Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1999--- ----Rr. 4 & 7---Misconduct---Inefficiency---Removal from service---Penalty of removal from service was imposed on Civil Judge/Judicial Magistrate, after holding inquiry against him on allegation that he was not writing s/orders despite having announced the same---Enquiry Officer reported that charge of misconduct could not be proved against him, while charge of inefficiency stood established---Enquiry Officer after due application of mind, considered it appropriate to take a lenient view by recommending imposition of minor penalty of censure upon the Judicial Officer---Administrative Committee of the High Court on the recommendation of Hearing Judge imposed major penalty of removal from service---Validity---Charge of misconduct against civil servant had nowhere been proved---No evidence was on record to the effect that civil servant was either dishonest or had committed any act which would fall within the meaning of misconduct---Allegation against Judicial Officer was, that he had 31 judicial files lying in his chamber, without written s and orders; as a Judicial Officer, it was his duty to take steps to ensure that same was remedied---Nothing was available in the record to show that the Judicial Officer made any effort to remedy the situation and acted carelessly in that regard---Enquiry Officer, in circumstances, was justified in finding some degree of inefficiency on the part of Judicial Officer to justify recommendation to impose minor penalty of censure---No charge of dishonesty or corruption was on record against the Judicial Officer, and his professional performance was up to the mark his case was not fit for enhancement of penalty---Impugned order of competent authority was set aside, he was reinstated into service with all back benefits---Penalty of censure recommended by Enquiry Officer, was upheld which would remain intact. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1999--- ----R. 4(1)(b)---Inefficiency---Major penalty---Major penalty, as the term suggested, was a serious and extreme punishment; in the context of Service Laws, it could mean the end of a…

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