Case Details

Citation(s)
1973 SLG 3131 = 1973 SLD 3131 = 1973 PLD 259
Lahore High Court
Writ Petition No. 269/S of 1968, decided on 25th April 1972.
Presented By: Karam Elahi Chauhan, J
Sardar Ataullah for Petitioner. Irshad Hassan Khan for
Respondents (on 19th and 20th April 1972).

NAZIR AHMAD-Petitioner

VERSUS

THE GOVERNMENT OF WEST PAKISTAN THROUGH ITS SECRETARY OF SERVICES AND GENERAL ADMINIS TRATION DEPARTMENT. LAHORE AND 3 OTHERS Respondents

Law:

Section:

(a) Civil services - Dismissal - Departmental proceedings initiated for accepting illegal gratification - Initial charge-sheet indicating penalty of compulsory retirement but in formal show-cause notice penalty mentioned as dismissal and ultimate order passed against employee also that of dismissal-Held, no prejudice caused to accused-employee and order of dismissal not vitiated. (b) Civil services - Departmental proceedings - Request by employee for transfer of his case to another Enquiry Officer-Held, authorities concerned had discretion to transfer or not to transfer enquiry proceedings if they were not impressed by bona fides of request. (c) Civil services-Departmental proceedings-Accused official, in departmental inquiry, has no vested right to claim privilege of engaging counsel especially where the other side Is not represented by any counsel. (d) Civil services-Departmental proceedings against delinquent officer-Not barred simply because judicial proceedings also initiated against him. Shafqat Mahmood Lodhi v. the Accountant-General, West Pakistan, Lahore P L D 1968 Lah. 786 ref. Dates of hearings 19th, 20th, 24th and 25th April 1972.                                                                                                                  JUDGMENT The petitioner who was a Foot Constable in the Punjab Police was involved in a trap case for accepting certain illegal gratification and consequently departmental proceedings were initiated against him. A formal charge-sheet was issued to him to which he submitted a reply denying his guilt. An Inquiry Officer was appointed who compiled his report on 27-6-1964. Thereafter a formal show-cause notice was issued to him on 25-7-1964 and he was provided with a copy of the inquiry report. The petitioner filed his reply but not being satisfied with his explanation the S. S. P., Lahore on 19-9-1964, dismissed him from service. The…
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