Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999)

Section: 3(c)(iii)

Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1999--- ----R. 3(c)(iii)---Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991), S.5---Judicial Officer---Annual Confidential Report---Adverse remarks---Dismissal from service---Regular inquiry, dispensing with---Scope---Persistent reputation of being corrupt---Appellant, a Civil Judge, was dismissed from service on the basis of adverse remarks recorded in the ACRs---Validity---Adverse remarks recorded in three ACRs were challenged by the appellant through representations which were dismissed by the Authority---Appeals against the adverse marks were dismissed by Service Tribunal---Service Tribunal could not again examine the legality of the adverse remarks recorded in the said three ACRs as same had attained finality---Allegations levelled against the appellant were supported by documents---No regular inquiry was required before initiating penal action against the appellant---Authority had rightly dispensed with conducting of regular inquiry in the matter of appellant's dismissal from service---Appellant had earned three consecutive adverse ACRs touching his integrity---Appellant was found guilty of having persistent reputation of being corrupt and was liable for imposition of major penalty---Appellant was a judicial officer and his earning three consecutive adverse ACRs was a valid ground to hold him guilty of having reputation of being corrupt---Such conduct of appellant was unbecoming of a judicial officer---Authority had rightly imposed major penalty of dismissal from service upon the appellant---Impugned order did not suffer from any infirmity or jurisdictional defect---Appeal was dismissed in circumstances. Nawab Khan and another v. Government of Pakistan through Secretary, Ministry of Defence, Rawalpindi and others PLD 1994 SC 222 and Syed Aqleem Abbasi Jaffari v. Province of Punjab through Secretary Irrigation Department and others 2005 SCMR 1901 rel. (b) Words and phrases--- ----"Corruption"---Meaning---"Corruption" could not be limited to the act of "making money" alone by taking illegal gratification as there were so many other acts/actions which would come within the definition…

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