Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- ----Ss. 4(1) (c) [as inserted by Punjab Administrative Tribunals (Amendment) Act (XXVI of 1975) and Punjab Service Tribunal Act (IX of 1974), S. 8, proviso--Appeal-Abatement-Proviso to S. 8 of Punjab Service Tribunal, Act, 1974 having conferred on either party to appeal pending before District Judge to file direct appeal before Tribunal and Government filing such appeal later amendment in law debarring appeal to Tribunal against order of Departmental Authority made before 1-7-1969, held, not relevant and appeal filed before Tribunal competent and not barred by S. 4(1) (c) of Act as amended, such provision having no retrospective effect. Syed Fazle Azim Hamdani, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing : 20th May, 1980. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal is sought from judgment dated 14-12-1976 of Punjab Service Tribunal, whereby the Government's appeal seeking reversal of a decree of a civil Court, directing re-instatement of the petitioner into service and granting him other reliefs, was allowed. The petitioner while serving as Patwari in the Revenue Department of the Government of Punjab was served with charges of misconduct, which read as follows :-- (1) That while preparing the quadrennial Jamabandi 1960-61 village. Allah Jiwaya Lar, be deleted the names of Tola Ram etc. non-Muslim evacuee morgagees and entered one Aaqil Muhammad son of Juma, Caste Jat Dewal, who had got the status of Harim Bakhsh, the absentee landlord and mortgage of 14th share, on self owner as Khud Qabis under some ulterior motives because Mutation No. 665 for the redemption of mortgaged lend was still under section at that time. (2) That in view of Charge No. 1 above he appears to be a dishonest official and has shown dereliction of duty. The charges were enquired into by a Tehsildar who submitted report against the petitioner as also some other persons. The petitioner was held guilty of the charges. The Collector after serving him with due notice and receiving reply from the petitioner, wherein he had pleaded innocence, as also after affording him…

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