Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- -- R. 6(4)-Enquiry-Dispensing with requirement of-Allegation of corruption oral and supported by named person-Dispensing with enquiry and resort to procedure of show-cause notice-Held, not justified. Dost Muhammad v. D. C., Multan etc. 1980 P L C (C. S.) 613 and Mubarak Ahmad Malik etc. v. Federation of Pakistan 1980 P L C (C. S.) 418 rel. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- --- R. 3-Facts of charge-sheeting for misconduct and penalty of stoppage of increment in past--Cannot validly form part of grounds of penalty. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-Mr. Muhammad Anwar, Ex-­Registration Clerk has appealed against the order of Secretary, Government of Punjab, Revenue Department dated 24-10-1978 dismissing him from service with immediate effect. 2. Briefly, the facts of the case are that the Inspector-General of Registration issued him a show-cause notice on 7-2-76, as a result of which the official was removed from service w. e. f. 25-6-76. M B R dismissed the appeal on 29-6-77. On Appeal (No. 157/916 of 1977) the Service Tribunal held the I. G. of Registration to be incompetent as no powers of punishment has been delegated to him. As a result, the appellant reported for duty on 4-3-78. On 31-5-78 the appellant's re-instatement orders were issued but on the same date a second order dated 31-5-78 bearing No. 1318-ST-I were issued whereby the appellant was suspended with immediate effect. A show-cause notice as to why disciplinary action should not be taken against him was issued under rules 6(3) of E & D Rules, 1975. The following charges were levelled against him :- (i) While posted as Registration Clerk, Ferozewala in 1976 a number of complaints had been received that you are extremely corrupt and live beyond your ostensible means. (ii) You were charge-sheeted for gross misconduct and inefficiency in the year 1966. (iii) That in the year 1970 the I.-G. Registration stopped your one incre­ment with accumulative effect and for the period you remained under suspension you were paid nothing more than what you had already drawn during this period. These…

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