Case Details

Citation(s)
2017 SLG 265 2017 SLD 265 2017 PLJ 32
Service Tribunal, Punjab
Appeal No. 1749 of 2014, decided on 26.5.2016, heard on: 26.5.2016.
ASHTAR ABBAS, MEMBER
Mr. Khadam Hussain Khokhar, Advocate for Appellant. Mr. Kewan Basit, D.A. and Mr. Naeem Bhatti, Asstt. Director for
Respondents.

SHAHID AHMAD

VS

DISTRICT EDUCATION OFFICER (MEE), NAROWAL AND 2 others

Law:

Section:

Punjab Employees Efficiency and Accountability Act, 2006 (XII of 2006)---- --------S. 13----Punjab Service Tribunals Act, 1974, S. 4----Civil servant----Appointment as elementary school teacher----Expelled from department on allegation that civil servant was not appointed by competent authority----Appointment order used to serve on different place on posting----Three inquiry officers were appointed against civil servant----Recommendations----Disciplinary proceedings be withdrawn and accused be allowed to continue service as usual----Validity----If punishing authority was not satisfied with recommendations of inquiry officer, punishing authority could have passed order for initiation of fresh inquiry against----Authority opted to proceed against civil servant in terms of Section 13 of Civil Servant Act but to contrary, imposed major punishment, which was not provided in Act and expelled appellant from department----DCO did not take any action considering himself to be not departmental appellate authority----As basic order was not passed by competent authority hence same was void and nullity in eye of law and no question of limitation would come in way of appellant. [P. 35] A & B 2015 PLC (CS) 151 & 1985 PLC (CS) 478, 2014 SCMR 1189, rel. THIS JUDGMENT DELIVERED BY: ASHTAR ABBAS, MEMBER:---.--- This judgment will decide an appeal filed by the appellant under Section 4 of the Punjab Service Tribunal Act, 1974. 2. A thumbnail sketch as gleaned out from the instant service appeal are that appellant was appointed as Elementary School Teacher in BS-9 at Govt. High School, Jabal vide order dated 21.03.1996 issued by District Education Officer (SE-EE), Narowal, Respondent No. 1. On 01.09.1996, appellant was adjusted at Govt. Elementary School Supanwal and the appellant joined his new place of posting on 02.09.1996. 3. In June 1997, the appellant was transferred to Govt. Elementary School Gangohar and the appellant after having been relieved, reported at his new place of posting on 20.07.1997. 4. Till March 1998, the appellant performed his duties diligently, but was restrained to perform his duties at Govt. Elementary School Gongohar by Deputy District Education…
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