Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- ---Rr. 7 & 8-Dismissal from service-Penalty order passed by authority other than competent Authority----Void ab initio-Patwari accused-Competent authority Assistant Commissioner-Penalty order passed by Deputy Commissioner-Void ab initio-Subsequent appellate order and those in revision also not sustainable-Impugned dismissal order set aside by Service Tribunal and case remanded to Assistant Commissioner concerned-Punjab Service, Tribunals Act (IX of 1974), S. 4. Haji Mushtaq Ahmad Aqil for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT Khan Muhammad formerly Patwari has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order dated 15-9-1981 passed by respondent 1 dismissing the representation/revision of the appellant order dated 17-6-1979f passed by respondent No. 2 and order dated 26-12-1978 passed by respondent No. 3 dismissing the appellant from service. 2. By virtue of this appeal he has prayed that tile impugned orders be set aside as being without lawful authority void ab initio and the appellant be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant was charge-sheeted while serving as Patwari, Halqa Jhalarin, Tehsil Alipur, District Muzaffargarh, for inefficiency and. not showing diligence in the perfor­mance of his duty. An Authorised Officer and Enquiry Officer was appointed in this case, and found the appellant guilty. Respondent No. 3 served the appellant with show-cause notice on 26-9-1978, saying why a penalty of dismissal from service be not imposed as required under Government Servants (E & D) Rules, 1975, The appellant submitted his explanation which was found unsatisfactory and appellant was dismissed from service. He filed an appeal before the Commissioner which failed and his revision before the M. B. R. also…

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