Case Details

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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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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