Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Service Tribunal Act, 1974 (IX of 1974)-- ----S. 4--Initiation of disciplinary proceedings--Involvement in a criminal case--Dismissal from service--Appeal--Rejected--Revision petition--Rejected--Fair opportunity to defend--Fact finding inquiry report--Non-conducting of regular inquiry--Denial of charges--Challenge to was deprived of fair opportunity to defend--Before awarding major penalty of dismissal from service, neither regular inquiry was conducted nor any witness was recorded, appellant was punished just on basis of a fact finding inquiry--It is imperative to hold regular departmental inquiry to dig out truth--It is settled law that no major penalty can be awarded to an accused civil servant just on basis of a fact finding inquiry--Charges leveled against appellant involved factual controversy where holding of a regular inquiry is essential, particularly when such charges are specifically denied, in order to meet ends of justice--Appeal allowed. 2004 SCMR 294 and 2009 SCMR 339 ref. ORDER Briefly, disciplinary proceedings were initiated against appellant under the Punjab Police (E D) Rules, 1975 through show cause notice dated 28.02.2015 issued by the DPO, Mianwali on the following charges: “As per report dated 13.12.2014 received from PS Piplan, constable Javed Iqbal No. 555 of this district has been arrested on the charge of involvement in case Fir No. 164 dated 24.6.2014 u/S. 395/412 PPC PS Piplan and sent to the judicial custody (Central Jail, Mianwali) having been found guilty.” Resultantly, the competent authority awarded major penalty of dismissal from service to the appellant vide order dated 21.03.2015. Aggrieved of the order, appellant preferred departmental appeal before the RPO, Sargodha which was rejected vide order dated 16.09.2015.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492