Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Service Tribunals Act (IX of 1974) S. 4-Compulsory retirement-Inquiry held-Show-cause notice issued in light of enquiry report-Reply to show-cause notice considered by competent authority and matter remained pending till decision of criminal proceedings involving same offence as alleged in departmental proceedings-Compulsory retirement order passed after 2 years by successor competent authority without taking into consideration reply to show-cause notice-Action not approved by Service Tribunal and matter remanded for consideration de novo.                                                                                                               ORDER M. SALEEM CHAUDHRY (CHAIRMAN).----This is an appeal against com pulsory retirement. Muhammad Anwar, the appellant, while serving as Patwari in village Boola Bala in Tehsil Bhalwal, was found guilty of having forged the signatures and thumb impression of a number of people in order to draw their quota of fertilizer from the Agricultural Development Bank, which quota he was alleged to have sold in the black-market. After an enquiry in which he was found guilty by an Extra-Assistant Commissioner/ Collector, Bhalwal, on 12-4-1975 to show cause why major penalty should not be imposed upon him. The appellant replied to the show-cause notice on 22-4-1975 refuting the allegations. The next day, on 23-4-1975, the A. C./ Collector, Bhalwal, recorded an order after hearing the appellant in person that "the enquiry file against him shall remain pending till the decision of the competent Court", the reference being to the case initiated for the same offence in P. S. Anti-Corruption Establishment, Sargodha, against the appellant. Later, however, after more than two years, the A. C./Collector passed an order on 22-8-1977 retiring the appellant compulsorily from service with immediate effect. This was upheld on 30-4-1978 by the Commissioner,…