| Citation(s) |
|---|
| 1981 SLG 3140 = 1981 SLD 3140 = 1981 PLC 307 |
Service Tribunal Punjab
Case No. 290/719 of 1980 decided on 4th March 1981.
Presented By: S. Abdul Jabbar Khan, Chairman, S. Hafizur Rahman and Malik Zawar Hussain, Members
Case No. 290/719 of 1980 decided on 4th March 1981.
Presented By: S. Abdul Jabbar Khan, Chairman, S. Hafizur Rahman and Malik Zawar Hussain, Members
MUHAMMAD SULEMAN
VERSUS
DEPUTY DIRECTOR, AGRICULTURE, SARGODHA DIVISION AND OTHERS
Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)
Section: 2(3)
(a) Civil services Disciplinary proceedings-Haste in issuance of penalty order ---Not approved-Reply to show-cause notice received a day after speci fied date-Penalty order passed only 2 hours before receipt of reply ---Improper haste and not withholding of issuance of penalty order, in circumstances, held, not graceful. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 R. 2(3)-Penalty order passed by authority other than that invested with such power-Not valid-Field Assistant of Agriculture Depart ment-Authority competent to inflict penalty of dismissal Extra-Assis tant Director of Agriculture according to Delegation of Power Rules-- Due to re-organisation appointing authority changed and vesting in Divisional Deputy Director-Divisional Deputy Director, held, not competent to inflict penalty unless reflected correspondingly in Delega tion of Powers Rules as punishing authority.-Order of dismissal passed by Deputy Director, held, not proper-West Pakistan Agricul ture Department Delegation of Powers Rules, 1962, Col. 3, Sr. No. 11-F. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). In this case the appellant, Muhammad Suleman, is aggrieved against an order dated 16-10-1977 issued by the Deputy Director of Agriculture, Sargodha Division dismissing the appellant from service as Field Assistant with immediate effect, and seeks to get this order set aside as being void and incom petent. After his dismissal, the appellant filed an appeal with the Director of Agriculture (Extension), Punjab, which was rejected on 7-3-1978. A revision petition made before Secretary, Agriculture resulted in an order dated 3-7-1978 directing the appellant to appear before the Deputy Director, Agriculture (Extension) but apparently no- decision has followed that personal appearance. 2. Brief…