Law:

Section:

(a) Civil services--- ---Disciplinary proceedings-Haste in issuance of penalty order­---Not approved-Reply to show-cause notice received a day after speci­fied date-Penalty order passed only 2 hours before receipt of reply­---Improper haste and not withholding of issuance of penalty order, in circumstances, held, not graceful. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --- R. 2(3)-Penalty order passed by authority other than that invested with such power-Not valid-Field Assistant of Agriculture Depart­ment-Authority competent to inflict penalty of dismissal Extra-Assis­tant Director of Agriculture according to Delegation of Power Rules--­Due to re-organisation appointing authority changed and vesting in Divisional Deputy Director-Divisional Deputy Director, held, not competent to inflict penalty unless reflected correspondingly in Delega­tion of Powers Rules as punishing authority.-Order of dismissal passed by Deputy Director, held, not proper-West Pakistan Agricul­ture Department Delegation of Powers Rules, 1962, Col. 3, Sr. No. 11-F. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). In this case the appellant, Muhammad Suleman, is aggrieved against an order dated 16-10-1977 issued by the Deputy Director of Agriculture, Sargodha Division dismissing the appellant from service as Field Assistant with immediate effect, and seeks to get this order set aside as being void and incom­petent. After his dismissal, the appellant filed an appeal with the Director of Agriculture (Extension), Punjab, which was rejected on 7-3-1978. A revision petition made before Secretary, Agriculture resulted in an order dated 3-7-1978 directing the appellant to appear before the Deputy Director, Agriculture (Extension) but apparently no- decision has followed that personal appearance. 2. Brief facts of the case are that on 12-9-1977 when the D. D. A from the office of the D. G., Agriculture, visited Jaranwala in connexion with an enquiry against the appellant on account of sale of pesticides to the Local Municipal Committee, he found the appellant absent from duty, on which the D. D. A. Sargodha, placed the appellant under suspension. Subsequently, one Abdul Ghafoor…

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