Case Details

Citation(s)
1983 SLG 1435 1983 SLD 1435 1983 PLC 292
Service Tribunal, Punjab
Case No 185/1589 of 1982, decided on 28th August, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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Mian KHIZAR HAYAT

VS

DEPARTMENT

Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --R. 7-A -- Appearance of Advocate on behalf of accused - Note permissible - Contention that by refusal to permit to engage an Advocate accused was not provided defence opportunity-Repelled. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --R. 7 (8) - Imposition of minor penalty - Personal hearing of accused by Authorised Officer-Not required. F. K. Kureishy for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondent. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Mian Khizar Hayat, Divisional Forest Officer, has filed this appeal under section 4 of the Punjab Service Tribunals, Act, 1974 and has impleaded Punjab Province through the Secretary to Government of Punjab Forestry Wildlife and Fisheries Department, Punjab, Lahore as respondent. He has prayed that the impugned order dated 23-12-1981 where by recovery of Rs. 1,802/10 has been ordered be quashed. 2. Brief history of the case is that Mian Khizar Hayat was working as Divisional Forest Officer at Attock in the year 1976-77. There were excessive rains and storms. As a result of which many buildings of Forest Department caved in and others were rendered useless. The Government specially sanctioned funds for, the repairs of these rain-affected buildings. The funds were placed at the dis-3osal of Divisional Forest Officer, Attok for carrying out necessary repairs to the rains-affected buildings of the Forest Department to 'save them from further deterioration. The appellant got the buildings repaired from the contractors in the year 1977. Later on in the year 1978. Umar Hayat a Zamindar of District Campbellpur (now Attock) made an application to the Director Anti-­Corruption Establishment, Punjab, Lahore pointing out various irregulari­ties and cases of misappropriation of the Government funds on the part of appellant. As a result of probe into these allegations, the appellant was charge-sheeted. The Special Judge Anti-Corruption Rawalpindi was appoined as an Enquiry Officer to hold a departmental enquiry against the appellant by the Secretary to the Government of the Punjab. Forestry, Wildlife and Fisheries Department…
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