Case Details

Citation(s)
1977 SLG 1527 1977 SLD 1527 1977 PLC 99
Service Tribunal, Punjab
Appeal No. 455/202, decided on 22nd June 1976.
SAAD SAOOD, JAN, CHAIRMAN, ASHFAQ ALI KHAN AND KHALLD FAROOQ AKBAR, MEMBERS

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MUHAMMAD HAFEEZ

VS

PROVINCE OF THE PUNJAB AND OTHERS

Law:

Section:

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- --- Rr. 2(1) & 16(3) read with Government of West Pakistan Notifi­cation No. S.O. XII-2-940/61 dated 17-4-1961, Agriculture Depart­ment Delegation of Powers Rules, 1962, Serial No. 10(e), and Civil Service Regulations, Vol. I, Part I, para. 16(1), Note 3­Punishment, competence to award-Delegation of powers-Rules promulgated in 1962-Supersede all previous rules on subject­ Reliance on superseded Rules for deriving competency for award of punishment-Untenable-Agricultural Engineer alone and not Director of Agriculture, authority competent to suspend, reduce in rank, retire compulsorily, remove, or dismiss a Unit Supervisor ­Order passed by Director of Agriculture--Held, bad in law, and void ab initio-Law, held further, provides mutual independence of views and action between Agricultural Engineer and Director of Agriculture by designating latter as appellate authority. P L D 1972 Lah. 316 and P L D 1963 S C 185 ref ORDER SAAD SAUOD JAN (CHAIRMAN).-In this appeal, the appellant who was at the relevant time a Unit Supervisory, in the office of the Agricultural Engineer, Lyallpur, assails the order dated 27-3-1972, passed by the Director of Agri­cultural Engineering, Lyallpur directing his dismissal from service w. e. f. 27-5-1969 and recovery of Rs. 19,456.25 from him on account of the loss caused to the Government. 2. Brief facts of the case are that the appellant was served with a charge­ sheet dated 26-5-1969 by the Director of Agricultural Engineering, Lyallpur, levelling a number of charges relating to embezzlement of and shortages in Government money and stores under his charge, maintenance of bogus Government record/accounts and tampering with and loss of Government record. The appellant was also placed under suspension by an order, dated 22-5-1969 of the same authority. 3. A preliminary enquiry was in the first instance held by Mr. S. A. Rehman. Superintendent Agriculture Workshop, Lyallpur. It was on the basis of the results of this preliminary enquiry that a formal enquiry under the relevant Efficiency & Discipline Rules was ordered by the Director, Agricultural…
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