Case Details

Citation(s)
1983 SLG 1915 1983 SLD 1915 1983 PLC 1059
Service Tribunal, Punjab
Cases Nos. 18/1468 and 34/1505 of 1982, decided on 10th March, 1983.
MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS,

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MUMTAZ AHMAD AND ANOTHER

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB, LOCAL GOVERNMENT & RURAL DEVELOPMENT DEPARTMENT

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 8-Imposition of major penalty - Authorised Officer recom­mending major penalty-Accused neither supplied copy of inquiry report nor apprised of action proposed and recommended by Au. thorised Officer-Authorised officer, in circumstances, held, failed to provide opportunity of explanation to accused-- Recommendations thus made by Authorised Officer, held, contrary to requirement of rules and penalty order not sustainable-Order of penalty set aside and case remanded - Punjab Service Tribunals Act (IX of 1974), S. 4. Syed Mir Muhammad v. N.-W. F. P. Government through Chief Secre­tary P L D 1981 S C 176 rel Ghulam Rasool for Appellant's. Haroon-ur-Rashid Cheema, District Attorney for Respondent. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Messrs Mumtaz Ahmad, ex-Dehi Karkun and Abdul- Ghani, ex-Project Manager of Local Government Rural Development Department, Punjab, Lahore, have made these appeals under section 4 of the Punjab Service Tribunals Act, 1974, wherein they have impleaded the Secretary, Government of the Punjab, Local Government and Rural Development Department, Lahore, as respondent. 2. Since the impugned order dated 14-10.1981/26-10-1981 passed by the respondent is same for both of the appellants and these appeals involve similar points of law and facts, as such, these appeals are being disposed of by a single judgment. 3. By virtue of these appeals, the appellants have prayed that the impugned order of Secretary, Government of the Punjab, Local Govern­ment and Rural Development Department No. SOI(RD)6(35) 79, dated 14-10-1981 endorsed on 26-10-1981 be set aside and the appellants be re-instated into service with all back benefits. 4. Brief facts of the cases are that Messrs Mumtaz Ahmad and Abdul Ghani were working in the Local Government and Rural Develop­ment Department as Dehi Karkun (Rural Development Worker) and Project Manager, respectively. Mr. Mumtaz Ahmad was served with a charge-sheet by Director, Local Government and Rural Development, Bahawalpur Division, Bahawalpur, received by him on 26-11-1980. Similarly Mr. Abdul Ghani was charge-sheeted by the same Authorised Officer on…
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