Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999)

Section: 2(i)(e)

Law: Ex-Government Servants (Employment With Foreign Governments) (Prohibition) Act, 1966

Section:

SUMMARY

The appellant, a Civil Judge, challenged concurrent orders whereby he was dismissed from service after a regular departmental inquiry under the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999. While acting as Returning Officer, he altered an already consolidated and notified election result through a corrigendum, reversing the declared success of one candidate without lawful authority, notice to the affected party, or adherence to prescribed procedure. The inquiry found deliberate tampering with election records, abuse of authority after becoming functus officio, violation of natural justice, and conduct unbecoming of a judicial officer. The Service Tribunal held that the misconduct stood proved on a preponderance of probabilities, that there was no issue of double jeopardy, and that the penalty of dismissal was lawful and proportionate. The appeal was dismissed.

TAG LINE

"A Returning Officer becomes functus officio after declaration of results—any subsequent alteration amounts to grave misconduct."

ORDER;