Law:

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Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 4-Penalty-Quantum-Officer sent on deputation to private firm subject to recall at any time-Refusing to comply with transfer and repatriation order-Rightly held guilty of misconduct and dis­obedience of Government order-Having rendered 21 years of unblemished service lenient view taken by Service Tribunal-Penalty of dismissal altered to that of compulsory retirement-Punjab Service Tribunals Act (IX of 1974), S. 4. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the appellant an ex-Agriculture Officer is aggrieved by the order of Government of Punjab dated 8th/12th December, 1979 dismissing him from service under (E & D) Rules, 1975 on the charges of misconduct for disobeying Govern­ment orders. Briefly the facts of the case are that the appellant was allowed to work on deputation with a Private Firm M/s. Agriculture Aviation Limited, initially for a period of one year. However, before the expiry of the said period, the Government of Punjab on 3rd October, 1979 recalled him. He was ordered vide notice dated 23rd November, 1978 and dated 5th December, 1978 to rejoin the Department by 10th December, 1978 without fail. But the appellant appears to have failed to comply with the above orders. The Government also advised the Private Firm on 13th December, 1978 to relieve the appellant. On the appellant's failure to comply with the orders above, the Director of Agriculture Corp Reporting Service, Punjab was appointed Enquiry Officer on 13th January, 1979. The appellant was again served with a notice dated 26th April, 1979 to explain his conduct. The appellant appeared before the Enquiry Officer on 10th May, 1979 but he did not offer any written explanation. Again on 12th May, 1979 another notice by registered post was sent to the appellant to explain his misconduct. On 13th May, 1979 the Government was informed that the appellant was likely to join the duty on 1st June, 1979. On his failure to resume the duty he was finally served with a show-­cause notice on 17th June 1979 to show cause as to why a major penalty should not be imposed on him. He was heard by the Secretary, Agricul­ture on 30th…

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