| Citation(s) |
|---|
| 1980 SLG 1324 1980 SLD 1324 1980 PLC 125 |
Service Tribunal, Punjab
Appeal No. 297 of 1979, decided on 24th December, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN, MAZHAR MUNIR AND S. HAFEEZ-UR-REHMAN, MEMBERS
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Appeal No. 297 of 1979, decided on 24th December, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN, MAZHAR MUNIR AND S. HAFEEZ-UR-REHMAN, MEMBERS
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Syed SABIR HUSSAIN SHAH
VS
DEPUTY COMMISSIONER, GUJRAT AND ANOTHER
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- ------R.6-Enquiry dispensed with and show-cause notice issued by Authority-Prosecution witnesses examined by Authority thereafter and their written statements relied upon while passing order-Contents of such statements not disclosed to accused-Action of Authority, in circumstances, held, contrary to provisions of rules and also amounted to denial of due defence opportunity-Dismissal order in consequence of such procedure set aside with directions that Authority should proceed in accordance with rules. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).------In this case the appellant an ex-Reader to the Assistant Commissioner (Sadar) Gujrat, is aggrieved by the order of the Deputy Commissioner, Gujrat, dated 30-5-1979, dismissing him from service and the order of the Commissioner, Rawalpindi Division, Rawalpindi, dated 18-7-1977, rejecting his appeal. 2. The appellant was charge-sheeted on the following grounds:----- (i) that you while posted as Reader to Assistant Commissioner (Sadar) Gujrat, illegally obtained 27 summary cases under Motor Vehicles Ordinance (as per list already supplied) under your own signatures from the Court of Mr. Shaukat Ali, Magistrate Section 30, Gujrat, in an unauthorised manner ; (ii) that in order to achieve your selfish motives you did not put up these summary cases before the Presiding Officer for their disposal nor entered these cases in the relevant register ; (iii) that out of these 27 summary cases you illegally fetched 16 cases (Serial Nos. 12 to 27) from the Court of Mr. Shaukat Ali, Magistrate Section 30, Gujrat, under your own signatures after April, 1978, during the tenure of your present Presiding Officer, Mr. Muhammad Ayub Malik who was even not empowered to try summary cases. This clearly shows that you fraudulently brought these summary cases from another Court and destroyed them for some ulterior motives in connivance with the parties concerned ; (iv) that you by your mala fide intention wrongly took the stand that these summary cases were received by you in routine dak and subsequently passed on to Summary Clerk to A. C. Headquarter. Both the Summary Clerks of the…
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