Law:

Section:

Civil service--- ----Regular inquiry after retirement from service---Appellant who was a Senior Auditor in the office of the Provincial Accountant General, along with four other employees was proceeded against for taking out a procession, and forcefully closing down their office---Competent authority dismissed appellant and three others from service, while the fourth employee was compulsorily retired---Service Tribunal reinstated all four employees in service with direction to hold regular inquiry against them, whereas in case of appellant his major penalty of dismissal from service was converted into compulsory retirement and it was ordered that since appellant had reached age of superannuation therefore there question of conducting a regular inquiry did not arise--- Held, that case of the appellant was similar to that of the remaining four persons, and the very fact that the appellant retired from service before his appeal came to be decided, could not provide justification to the Tribunal to take a different view from the one taken in the case of the other four employees---Since the appellant seemed to have been treated differently by the impugned from four other employees, the impugned to the extent of the appellant was not sustainable in law---Impugned was set-aside and the matter was remanded to the department to hold regular enquiry in the case of the appellant and thereafter, to pass necessary order in accordance with law--- Appeal was allowed accordingly. THIS ORDER PASSED BY: GULZAR AHMED, CHIEF JUSTICE:---.--- We have heard the learned counsel for the parties and have also gone through the record of the case. 2. The appellant was employed as a Senior Auditor in the office of the Accountant General, Punjab. Election for certain office was held on account of which some disturbance took place in the office of the Accountant General, Punjab and appellant with other employees took out a procession, which led to the lockdown and forced closure of the office of the Accountant General, Punjab. All the persons involved in such procession, lockdown and forced closure were proceeded against by issuing of show cause notices. The appellant was issued show cause…

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