Law:

Section:

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1970-- -- R. 4(1)(e)-Quantum of punishment-Patwari despite summons twice failing to appear for completion of entries in his own service book punishment of compulsory retirement, in circumstances, held, too harsh and incommensurate with his guilt-Appellant re-instated with original seniority but without benefit of arrears for intervening period. Ch. Muzammal Hussain for Appellant. A. G. Humayun for Respondent. ORDER The appellant was a Patwari in Tehsil Liaquatpur of Rahimyar Khan District. He was served with a charge-sheet dated 7-9-1972 alleging that (i) In the year 1967 he was summoned 22 times through the Assistant Commissioner and Tehsildar, Liaquatpur for completion of his service book in the Collector's office but he failed to make an, appearance. (ii) Tehsildar, Liaquatpur served a notice on him to this effect on 25-7-1970 but in spite of that he did not comply. (iii) Another notice was issued which was served on him on 14-9-1970 but he again failed to comply. The Patwari was placed under suspension by an order dated the 15th September 1970 and a regular inquiry was held into the charges. The Enquiry Officer held him guilty for non-compliance of the notice served on him on 25-7-1970 and 14-9-1970 but recommended his reinstate­ment. The required completion of the service book was effected in the meantime by the complainant on 9-10 1970. The Collector, District Rahim Yar Khan, however, by his order dated 2-3-1970 removed the Patwari from service. The Patwari went in appeal to the Commissioner Bahawalpur Division who in his appellate order of 30-6-1970 modified the Collector's order and converted the punishment of removal to that of compulsory retirement. The appeal was admitted by us for regular hearing with the observation that prima facie the penalty imposed upon the appellant appeared to be harsh. It has been argued on behalf of the appellant that the prosecution could establish service of notice to him only on two occasions i e. on 25-7-1970 and 14-9-1970, for which satisfactory explanations had been tendered. On one occasion he was restrained by the Tehsildar from attending the once…

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