| Citation(s) |
|---|
| 1979 SLG 901 1979 SLD 901 1979 PLC 58 |
Service Tribunal, Punjab
Case No. 49 of 1976, decided on 8th June, 1978.
M. SALEEM CHAUDHARY, CHAIRMAN AND KHALID FARUQ, MEMBER
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Case No. 49 of 1976, decided on 8th June, 1978.
M. SALEEM CHAUDHARY, CHAIRMAN AND KHALID FARUQ, MEMBER
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MUHAMMAD AKBAR
VS
GOVERNOR OF PUNJAB AND 3 OTHERS
Law:
Section:
(a) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- R.6-A-Charge-sheet-Service of-Competent authority- Appointing authority Governor-Formal proceedings and enquiry approved by Governor-Charge-sheet issued by Administrative Secretary of Department-Contention that charge-sheet not issued by Governor himself was illegal and a nullity and all action followed. by same was unlawful Charge-sheet, held, mere putting accused on notice as to charges to be met in proceedings-Contention rejected and charge-sheet issued by Secretary of Department, held, not objectionable-[P L D 1958 Pesh. 53; Law Notes 1969 Quetta 16; P L D 1966 S C 253-and P L D 1968 S C 112 held not applicable]. P L D 1977 S C 182 rel. P L D 1958 Pesh. 53; Law Notes 1969 Quetta 16; P L D 1966 S C 253 and P L D 1968 S C 112 held not applicable. (b) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- Rr. 6-A & 8-Departmental proceedings-Service of charge-sheet and appointing Enquiry Officer-Proceedings challenged on contention that charge-sheet preceded order of enquiry-No prejudice pleaded Objection rejected. (c) Punjab Service Tribunals Act (IX of 1974):-- -- S. 4 read with West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 8.1-Status of Enquiry Officer-Enquiry conducted by Special Judge Anti-Corruption enjoying status equal to that of accused-Objection neither raised during enquiry proceedings nor in review petition and personal hearing before competent authority-No prejudice or mala fide pleaded-Objection rejected in view of accused's own conduct and also such being not a material irregularity cutting at very' roots of case. (d) Civil service-- Anti-Corruption enquiry and departmental proceedings-Mala fides on part of Investigating Officer-Plea not supported by documentary or oral evidence-Rejected. P L D 1977 S C 182 rel. Dilawer Mahmood for appellant. A. G. Humayun, Government Pleader for Respondents ORDER M. SALEEM CHAUDHARY (CHAIRMAN).-The appellant in this case assails the order dated 23-10-1973 .passed by the Governor of Punjab in consultation with the Public Service Commission by which he was removed from service…
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