Case Details

Citation(s)
1981 SLG 2136 1981 SLD 2136 1981 PLC 236
Service Tribunal, Punjab
Appeal No. 379/56] of 1979, decided on 15th December, 1980.
S. ABDUL, JABBAR KHAN, CHAIRMAN, S. HAFIZUR RAHMAN AND MALIK ZAWWAR HUSSAIN, MEMBERS

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Ch. IZZAT ALI KHAN

VS

GOVERNMENT OF PUNJAB

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- --S. 4--Appeal against disciplinary action-Findings of enquiry officer based upon incriminating statement of one witness-Statement of such witness not supported by statements of other prosecution witnesses and rather belied-Entire record examined by Tribunal-Examination of record exonerating appellant of charges levelled-Penalty order, in circumstances, set aside. ORDER S. ABDUL JABBAR KHAN (CHAIRMAN).-Chaudhry Izzat Ali Khan, Director Livestock Farms, Punjab, Lahore, has filed an appeal under sec­tion 4 of the Punjab Service Tribunals Act, 1974 in which he has made Government of the Punjab (through Secretary to Government of the Punjab, Services General Administration and Information Department) as respondent. By virtue of this appeal he has made grievance that the impugned orders dated 23-5-1979 and 19-9-1979 be set aside as being illegal and ultra vires. He has prayed that in case his appeal succeeds he may be allowed costs against the respondent. Brief facts of this case are that the appellant received order dated 11-6-1978 whereby be was suspended from service. A copy of the said order is on the file as Annexure 'A'. Some days later the appellant received another order dated 17-6-1978 (Annexure 'B') by which he was informed that an Enquiry Officer had been appointed by Chairman, Enquiries/Anti-Corruption to conduct enquiry against him. A charge-sheet dated 22-6-1979 (Annexure 'C') was issued in the following terms: - "That while posted as Director, Livestobk Farms, Punjab, you illegally manipulated through your subordinates employed in Kalra Livestock and Stud Farm to sell four, young stock (K-378, K-395, K-498 and K-506) of the Hissar-Haryana Breed and one Beetal goat 3 K-200 to your brother-in-law, Chaudhary Muhammad Afzal of Chak No. 363/GB, District Faisalabad. The weight shown on the bill for the these four young males was almost half of the normal weight laid down by the Director, Livestock Farms Notification No. 7714-75/6222 C. L. V. dated 11th December, 1975." A copy of the Statement of Allegations was added as Annexure 'D' which runs as under: - "Dr. Izzat Ali while posted as Director, Livestock Farms,…
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