Law:

Section:

Civil service- -- Audi alteram partem (no one should be condemned unheard)­-- Principle of natural justice enshrined in Holy Qur'an-Notice of enquiry and subsequently show-cause notice served upon address other than parental village address on official record where accused had proceeded after being placed under suspension-Notice subse­quently issued through newspapers and ex parte proceedings held thereafter-Person living in far-flung rural area, held, would hardly read newspapers hence impact of publicity through this media would hardly be of any avail-Non-service of notice at given address and ultimate order of dismissal from service, in circumstances, held, resulted violation of principle of audi alteram partem-Impugned dismissal order set aside and case remanded for providing opportunity of defence to accused-Punjab Service Tribunals Act (IX of 1974), S. 4. Ch. Abdul Rashid Mannan for Appellant. Haroon-ul-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Bashir Ahmad Salik has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the Order No. 6082-6147/4-61, dated 26-2-1981, passed by respondent No.1 and Order No. 17162/4-14 Estt. dated 12-9-1981, passed in appeal by respondent No. 2, in which" he has impleaded the Director, Rapid Soil Fertility Survey and Soil Testing Institute, the Director-General Agricultural (Research), Ayub Agricultural Research Institute, Faisalabad and Province of Punjab through Secretary, Agriculture, Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that impugned orders so mentioned above be set aside and appeal be accepted. 3. Brief facts of the case are that appellant who was serving as Senior Clerk, Rapid Soil Fertility Survey Laboratory was found guilty of misconduct under E & D Rules, 1975, for seeking promotion by illegal means and showing least interest in, his work. He was proceeded under E&D Rules by the competent authority and was reverted from the post of Assistant to the post of Senior Clerk and placed under suspension vide order dated 18-5-1980. He was served with charge-sheet and an Enquiry Officer was appointed.…

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