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

Section: 20

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-- —S. 20-Constitutional petition-Desciplinary proceedings against Patwari-Fraud and forgery in revenue record-Allegation of-Inquiry against-Proved of-Notice for personal hearing-Instead of appearing patwari approached Revenue Minister seeking ministerial direction through an application regarding transfer of inquiry-Direction was made and in compliance with the same BOR passed order of transfer of inquiry-. Challenge to-Order was passed on ministerial direction only and not on independent application of mind-Ground of-Whether Revenue Minister was competent to direct transfer of inquiry; whether BOR was bound to comply with such direction and whether BOR was competent to pass such order-Questions of-Held: Neither impugned order, undersigned by Deputy Secretary(R), showed approval of Member of BOR nor the officer who passed this order and conveyed to D.D.O was identical-In the Ordinance Minister does not figure anywhere, therefore, ministerial direction for transfer of inquiry and order passed by BOR in compliance with such direction are without lawful authority and of no legal effect-Application made to minister shall be treated as representation and he will pass a fresh un-intluenced order after examine question of his jurisdiction regarding transfer of inquiry-Reliance on Rule 20 (E&D Rules, 1999) is misplaced-Petition allowed. [Pp. 1557 & 1558] A, B, C, D, E & F PLD 1995 S.C. 530 rel. Date of hearing: 17.12.2003.                                                                                                                                              judgment The order dated 3.3.2003 of the Board of Revenue directing transfer of a departmental inquiry under the Punjab Removal from Service (Special Powers) (Ordinance No. IV), 2000…