Case Details

Citation(s)
1981 SLG 2278 1981 SLD 2278 1981 PLC 474
Service Tribunal, Punjab
Case No. 26 of 1980, decided on 5th October, 1980,
M. SALEEM CHAUDHRY, CHAIRMAN, S. HAFEEZ-UR-REHMAN AND MALIK ZAWWAR HUSSAIN, MEMBERS

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HABIBULLAH

VS

S. E. IRRIGATION, LOWER BARI DOAB CANAL DIVISION AND ANOTHER

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975­--- ----Rr. 5 & 6--No order regarding appointment of Authorised Officer passed-No order passed for dispensing with enquiry-­Statement of allegations without charge-sheet served-Penalty order passed after issuance of show-cause notice-Proceedings, in circumstances, held, contrary to rules-Case remanded by Service Tribunal to Departmental authority for appropriate action-­Punjab Service Tribunals Act (IX of 1974), S. 4. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the appellant, who is Canal Patwari, impugns the order dated 4th June, 1979 of the Executive Engineer, Khanewal Canal 'Division (respondent No. 2) punishing him with stoppage of annual increment for two years and the order dated 8th October, 1979 made by the Superintending Engineer, Lower Bari Doab Canal Circle (respondent No. 1) rejecting his representation. 2. The appellant was charged with not honouring a stay order issued by respondent No. 2 in respect of a warabandi made by the Sub-Divisional Officer, Chichawatni, against which there was a public complaint. He was issued a statement of allegations on 26th March, 1979 and a show. cause notice on 29th April, 1979, both by respondent No. 2, the grounds being that through disobedience of orders the appellant created a tense situation in the village concerned, with likelihood of a fight among the irrigators. After a hearing by the XEN, the impugned order awarding minor penalty of withholding two annual increments was issued. 3. The parties were heard. The appellant contests the validity of the proceedings against him as not being consistent with the E & D Rules, as no charge-sheet was given to him along with the…
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