| Citation(s) |
|---|
| 2017 SLG 1281 2017 SLD 1281 2017 PLJ 152 |
Service Tribunal, Punjab
Appeal No. 346 of 2016, decided on 13.12.2016. Date of hearing: 13.12.2016.
MUHAMMAD YAR WALLANA, MEMBER-IV
Mr. Muhammad Akhtar Munir Pirzada, Advocate for Appellant. Mr. Kewan Basit, District Attorney and Muhammad Akram, DDEO (EE-M) Khanpur for
Respondents.
Appeal No. 346 of 2016, decided on 13.12.2016. Date of hearing: 13.12.2016.
MUHAMMAD YAR WALLANA, MEMBER-IV
Mr. Muhammad Akhtar Munir Pirzada, Advocate for Appellant. Mr. Kewan Basit, District Attorney and Muhammad Akram, DDEO (EE-M) Khanpur for
Respondents.
MAHBOOB-UR-REHMAN . --Appellant
VS
DEPUTY DISTRICT EDUCATION OFFICER (EEM) TEHSIL KHANPUR, DISTRICT RAHIM YAR KHAN AND ANOTHER . --RespondentS
Law:
Section:
Punjab Employees Efficiency, Discipline and Accountability Act, 2001 --.-- --.-- S. 16(2) --.-- Punjab Service Tribunals Act, (IX of 1974), S. 4 --.-- Removed from service --.-- Willful absence from duty --.-- Show-cause notice --.-- Disciplinary proceedings --.-- Disobeyed a lawful command --.-- Jurisdiction --.-- Right of hearing and right of defence --.-- If any disciplinary proceedings are initiated on basis of any breach of discipline, misconduct or any other irregularity, same would be completely in conformity to prevalent law of land and not motivated by personal whims and caprices of higher authorities --.-- Civil servant would not only have respect for seniors, rather he would also have respect for command of higher authorities, particularly, when such a command is embedded with force of law as otherwise discipline in service would stand compromised --.-- Derogation from cherished course of good conduct and disorder in service can only yield chaos in society, which must be deprecated with full force --.-- Appeal was accepted. THIS JUDGMENT DELIVERED BY: MUHAMMAD YAR WALLANA, MEMBER-IV:---.--- Succinctly stated, the appellant Mehboob-ur-Rehman who was serving in the Education Department, Rahim Yar Khan as Naib Qasid posted at Government Elementary School Mud Bhoora Markaz had been proceeded against for his alleged willful absence from duty for a period 10.07.2014 to 21.08.2014 and 07.09.2014 till the issuance of show-cause notice and after proceedings under the provisions of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 he was removed from service by the orders of the Respondent No. 1 i.e. Deputy District Education Officer (EE-M), Tehsil Khanpur, District Rahim Yar Khan. He preferred a departmental appeal, which was allowed by the Respondent No. 2 who directed Respondent No. 1 to hold a denovo inquiry by fulfilling the codal formalities and pass fresh order under intimation to his office. The Respondent No. 1 in response to the appellate order sought review of the appellate order through a Letter No. DDEO/EEM/637/KPR dated 05.09.2015, which has been assailed in this appeal preferred under Section 4 of the Punjab Service Tribunal…
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