Case Details

Citation(s)
1980 SLG 1349 1980 SLD 1349 1980 PLC 169
Service Tribunal, Punjab
Appeal No. 78/638 of 1976, decided on 4th December, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN, MAZHAR MUNIR AND S. HAFEEZ-UR-REHMAN, MEMBERS

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ARSHAD ZAMAN

VS

DIVISIONAL FOREST OFFICER, NORTH FOREST DIVISION, RAWALPINDI AND OTHHRS

Law:

Section:

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960--- -------- R. 13-Service of charge-sheet on deputationist-Case prior to insertion of r. 13-A (24-12-1969)-Charge-sheet served by Borrowing Organisation-Objection regarding validity-Purpose of service of charge-sheet-To put accused at notice as to the charge he has to meet in proceedings to follow-No prejudice suffered by mere service by Borrowing Organisation-Enquiry and further proceedings, held, by parent competent authority-Objection, in circumstances, rejected. Muhammad Akbar v. Punjab Government 1979 P L C (C. S. T.) 58 and P L D 1977 S C 182 rel. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).------In this appeal the appellant joined as Forester on 22-4-1963, under the Government of West Pakistan in the Forest Department. On 6-11-1966, he was sent on deputation to the Soil Conservation Department. He was suspended from service on 26-7-1968 by the Project Director, Soil Conservation Rawalpindi, on the charges of disobe­dience of orders, wilful absence from duty and cheating the Government by sub­mitting a false Medical Certificate. On 5-12-1968, he was served with a formal charge-sheet to which the appellant submitted his reply dated 23-12-1968 in which he denied the charges. He was also served with a show-cause notice dated 6-2-1969 by the same authority. The appellant, however on 10-2-1969, pointed out that he being the employee of the Forest Department, his case may be forwarded to the Divisional Forest Officer, North Forest Division, Rawalpindi, for proper action. His request was acceded to and it appears from Annexure `E' that on 7-9-1973 his case was referred to the Forest Department. The D. F. O., Rawalpindi North Forest Division, on 19-3-1975, appointed Mr. Muhammad Afzal Khan Saddozai, Sub-Divisional Forest Officer, Rawalpindi as Inquiry Officer, who held the appellant guilty of wilful absence and he recommended major punishment against the appellant. He was served with a show­cause notice dated 15-9-1975 by the Divisional Forest Officer, North Forest Division, Rawalpindi, and on 17-12-1975 the appellant was dismissed from service. The period from 26-7-1968 to the date of dismissal…
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