| Citation(s) |
|---|
| 2015 SLG 1172 2015 SLD 1172 2015 PLJ 88 |
Subordinate Judiciary Service Tribunal, Punjab
Service Appeal No. 31 of 2005, decision & hearing Dated: 18.07.2014.
JUSTICE MUHAMMAD FARRUKH IRFAN KHAN, CHAIRMAN, ABDUS SATTAR ASGHAR, MEMBER, MUHAMMAD AMEER BHATTI, MEMBER
Mr. Tallat Farooq Sheikh, Advocate for Appellant. Mr. Nayyar Iqbal Ghouri, Advocate with Asstt. Registrar (Confidential) LHC for
Respondent.
Service Appeal No. 31 of 2005, decision & hearing Dated: 18.07.2014.
JUSTICE MUHAMMAD FARRUKH IRFAN KHAN, CHAIRMAN, ABDUS SATTAR ASGHAR, MEMBER, MUHAMMAD AMEER BHATTI, MEMBER
Mr. Tallat Farooq Sheikh, Advocate for Appellant. Mr. Nayyar Iqbal Ghouri, Advocate with Asstt. Registrar (Confidential) LHC for
Respondent.
RAO MUHAMMAD AKBAR
VS
LAHORE HIGH COURT LAHORE THROUGH ITS REGISTRAR
Law:
Section:
Punjab Civil Servants (Efficiency & Discipline) Rules, 1999-- ----Rr. 3(c)&(b)(3)(c)--Civil judge cum judicial magistrate--Adverse remarks in ACR--Penalty of dismissal from service be not imposed upon on charge of being of corruption--Reputation of being corrupt judicial officer--Dispense with regular inquiry--Validity--Authority before passing impugned order had duly complied with relevant provision of law and principle of fair and due process of law for safe administration of justice--Thus it can not be said that appellant was condemned unheard or that he was deprived of his right to explain his position--Tribunal had no hesitation to hold that case in hand having been fairly and equitably dealt with by authority does not warrant any interference by Tribunal. THIS JUDGMENT DELIVERED BY: Justice Abdus Sattar Asghar, Member- This appeal under Section 5 of the Punjab Subordinate Judiciary Service Tribunal Act, 1991 is directed against the impugned order/notification dated 12.5.2005 passed by the respondent whereby appellant was dismissed from service. 2. Brief facts essential for adjudication of this appeal are that appellant was appointed as Civil Judge-cum-Judicial Magistrate on 16.1.1988. During his service the appellant earned adverse remarks touching integrity, etc. in his Annual Confidential Reports. The Authority after perusing the appellant's service record decided to dispense with the regular inquiry under the Punjab Civil Servants (Efficiency and Discipline) Rules 1999 and issued a notice to the appellant on 06.10.2001 to show-cause as to why penalty of dismissal from service be not imposed upon him on the charge of being guilty of corruption/reported to be corrupt falling within the purview of Rule 3(c) of the Rules (ibid). The appellant filed a representation under Section 6(3)(c) of the Rules on 13.10.2001 against show-cause notice, which was declined by the Authority vide letter dated 25.10.2001 and he was directed to file reply to the show-cause notice within seven days. The appellant submitted reply to the show-cause notice denying all the allegations leveled against him in the said show-cause notice. The Authority after considering the…
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