| Citation(s) |
|---|
| 2011 SLG 1682 2011 SLD 1682 2011 PLC 522 |
Service Tribunal, Punjab
Appeal No.2744 of 2009, decision dated: 29-10-2010.
RAI IJAZ ALI ZAIGHAM, MEMBER-VI
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Appeal No.2744 of 2009, decision dated: 29-10-2010.
RAI IJAZ ALI ZAIGHAM, MEMBER-VI
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DILBER HUSSAIN
VS
INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and another DILBER HUSSAIN vs INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and another
Law:
Section:
Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)-------Ss. 4(1)(b)(ii), 5 & 7---Punjab Service Tribunals Act (IX of 1974), S.4---Imposition of penalty of reduction to lower post---Conversion of penalty into withholding of increments for two years---Penalty of reduction to lower post, i.e. from Inspector of Police to Sub-Inspector of Police was imposed on appellant after issuing him show-cause notice, but without holding any inquiry on allegations of inefficiency and misconduct---Such penalty was reduced to withholding of increments for two years on appeal---Material controversies in the case were not resolved by holding a regular inquiry according to procedure prescribed under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Where imposition of major penalty was contemplated, holding of regular inquiry was indispensable---No cogent reason had been given to the show-cause notice for dispensing with holding of regular inquiry---Appellant had been punished without procuring adequate evidence to prove inefficiency and misconduct---In view of legal infirmities in the impugned orders of Authority imposing major penalty of reduction in rank and order of Appellate Authority modifying same into withholding of increments, were set aside. Mrs. Rizwana Anjum Mufti for Appellant Nazir Sultan, Deputy District Attorney, Ghulam Hussain Chohan, DSP Legal, IGP Office and Shahzad Ahmad, ASI CPO Office, Faisalabad for Respondents. Date of hearing: 29th October, 2010. JUDGMENT RAI IJAZ ALI ZAIGHAM (MEMBER-VI).--- The appellant Mr. Dilber Hussain has assailed Order No.2467/PS' dated 11-8-2009 of the authority/CPO Faisalabad whereby penalty of reduction to lower post i.e. Inspector to S.-I. for a period of three years was imposed upon him under PEEDA Act, 2006. He filed departmental appeal dated 26-8-2009 and after lapse of mandatory period he filed service appeal. During the pendency of service appeal the appellate authority converted penalty of "reduction to lower post i.e. from the rank of Inspector to Sub-Inspector for a period of three years" into withholding of increments for two years vide Order No.136-39 dated 9-1-2010 and…
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