| Citation(s) |
|---|
| 2011 SLG 1905 2011 SLD 1905 2011 PLC 984 |
Appellate Tribunal Inland Revenue
Appeal No.3036 of 2010, decision dated: 10-12-2010
MUHAMMAD RIAZ CHAUDHRY, MEMBER-IV
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Appeal No.3036 of 2010, decision dated: 10-12-2010
MUHAMMAD RIAZ CHAUDHRY, MEMBER-IV
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KHALID SIDDIQUE
VS
CHIEF MINISTER PUNJAB through Secretary to Government of the Punjab Excise and Taxation Department
Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006
Section: 4(1)(a)(v)
Law:
Section: 4
[Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)]........S 4(1)(a)(v)---Punjab Civil Servants Act (XIII of 1974), S.4---Penalty of stoppage of two increments for two years was imposed upon employee after charge-sheeting him and holding inquiry against him on account of irregularity committed by him along with others for non payment or delayed payment of salary of an employee---Allegation against the employee was that he, while performing his duties as Excise and Taxation Officer, failed to draw and disburse monthly salary of one Excise and Taxation Inspector, which caused delay in finalization of pension case of said employee and also caused inconvenience to him---Matter of non-payment of monthly salaries to Excise and Taxation Inspector continued to be pending for one reason or the other since October, 2003 upto March, 2007---No departmental action had ever been initiated against his predecessors in office who remained posted since October 2003 and onward, who were equally responsible for that lapse---Discriminatory treatment was meted out with the employee, in circumstances---Inquiry report was faulty and contained procedural defects---Statement of the complainant was also not recorded during the course of inquiry---As a matter of principle, it was also the responsibility of Inquiry Officer as well to dig out the facts---Complainant had not lodged a written complaint against the employee---Impugned order, was set aside, in circumstances. ORDER MUHAMMAD RIAZ CHAUDHRY (MEMBER-IV).--- Brief facts of the case are that on an appeal lodged by Malik Elahi Bux Excise and Taxation Inspector (Rtd.) Rajanpur regarding non-payment of his salaries for the period from October, 2003 to March 2007 Ombudsman, Punjab had issued directions to the Secretary Excise and Taxation Punjab that an inquiry be conducted in the matter and proceed under the law against Director, Excise and Taxation Dera Ghazi Khan and Excise and Taxation Officer Punjab on account of departmental mismanagement. The purpose of inquiry was to ascertain the fact as to who was actually responsible for the non-payment of salaries to the complainant for such a long time. Accordingly,…
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