| Citation(s) |
|---|
| 1980 SLG 1501 1980 SLD 1501 1980 PLC 605 |
Service Tribunal, Punjab
Appeal No. 153/944 of 1977, decided on 30th March 1980.
M. SALEEM CHAUDHRY, CHAIRMAN, S. HAFEEZ-UR-REHMAN AND ZAWAR HUSSAIN MALIK, MEMBERS
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Appeal No. 153/944 of 1977, decided on 30th March 1980.
M. SALEEM CHAUDHRY, CHAIRMAN, S. HAFEEZ-UR-REHMAN AND ZAWAR HUSSAIN MALIK, MEMBERS
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MUMTAZ HUSSAIN
VS
THE EXECUTIVE ENGINEER, HIGHWAYS, ETC.
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Roles, 1975--- ------Rr. 6(3) & 4-Allegation-Defective construction-Not seriously disputed-Dispensing with inquiry and issuance of show-cause notice, in circumstances, held, justified-Defect not of major nature--Accused being inexperienced and too busy in other projects recommended by probe making officer for lenient treatment-Penalty of removal from service, in circumstances, held, excessive-Penalty altered to that of withholding 2 increments without future effect plus warning--Half salary for intervening period allowed-Punjab Service Tribunals Act (IX of 1974), S. 4. 1977 PLC (C.S.T.) 81 and PLD 1977 SC 182 ref: Date of hearing :18th February, 1980. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).------In this case the appellant joined as Sub-Divisional Officer under the Government of the Punjab, Buildings Department on 16-7-1974. In 1974-75 the construction of bridge at Marh Chiniot Drain on the 50th mile on Jhang-Chiniot Road was complete under the supervision of the appellant. 2. In June 1975 it was noticed that the transom slab of the bridge was defective. The defect was noticed on 23-6-1976 by the successor of the appellant, as a result thereof the slabs were damaged by the on-rushing water and the steel bar was exposed. The matter was reported to the Executive Engineer concerned on 24-6-1976 who required the Contractor to repair the damage. Simultaneously, he also requested the Superintending Engineer for inspection of the bridge. The S. E. called for the explanation of the Contractor who was also warned, The matter eventually came to the notice of the then Chief Minister, Punjab, on 25-6-1976 and the Technical Member of the Chief Minister's Inspection Team was directed to report in the matter, who on 1-7-1976 visited the spot and reported that the shuttering under the slab was defective and the water was absorbed by the sand leaving the concrete porous. The explanation of the appellant was also called. The appellant explained that the work was done at the end of the year when he was required to supervise many other ongoing projects and the supervision at the spot was in fact done by the Overseer concerned.…
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