| Citation(s) |
|---|
| 1983 SLG 400 1983 SLD 400 1983 SCMR 633 |
Supreme Court of Pakistan
Civil Appeal No. 304 of 1980, decision dated: 2-06-1982.(On appeal from the judgment and order of the Service Tribunal Punjab, Lahore dated 6-01-1980 in Appeal. No. 363 of 1979)
MUHAMMAD HALEEM, ACTG. C.J., SHAFIUR REHMAN AND S. A. NUSRAT, JJ
A. R. Shaukat, Senior Advocate Supreme Court instructed by Muhammad Aslam Chaudhary, Advocate on-Record (absent) for Appellant. M. S. Mahboob, Advocate Supreme Court for the State
Civil Appeal No. 304 of 1980, decision dated: 2-06-1982.(On appeal from the judgment and order of the Service Tribunal Punjab, Lahore dated 6-01-1980 in Appeal. No. 363 of 1979)
MUHAMMAD HALEEM, ACTG. C.J., SHAFIUR REHMAN AND S. A. NUSRAT, JJ
A. R. Shaukat, Senior Advocate Supreme Court instructed by Muhammad Aslam Chaudhary, Advocate on-Record (absent) for Appellant. M. S. Mahboob, Advocate Supreme Court for the State
BASHIR AHMED
VS
THE STATE AND OTHERS
Law:
Section:
Constitution of Pakistan (1973)--- Art. 212 (3) and Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, r. 6(3) Departmental proceedings Service of show cause notice without certified copy of enquiry report Order sheet showing issuance of show cause notice together with enquiry report Case adjourned for 15 dates Petition not making grievance about enquiry report but furnishing reply Lo show cause notice Enquiry report, held, presumed to have been supplied to petitioner. JUDGMENT S. A. NUSRAT, J. This appeal by special leave has been brought to challenge the judgment of the Punjab Service Tribunal dated 6th January, 1980, which was passed in the background of the following facts : 2. The appellant joined service as Patwari in the year 1944 and after being promoted, as Kanungo in 1958 59 was posted in village Nangal Machhana, Tehsil Narowal, District Sialkot in 1964 65. He was charge sheeted on 8th December, 1975 by the Settlement Officer/Collector on as many as, eight charges. The Settlement Tehsildar, Sialkot was appointed as Enquiry Officer who, as per his report dated 2nd June, 1977, found that only charges 4, 5 and 6, were proved against the appellant. Thereupon, the appellant was served with a show cause notice dated 18th August, 1977 calling upon him to explain as to why he should not be removed from service. The appellant furnished his reply to the said show cause notice. The Deputy Commissioner/Collector, Sialkot, after hearing the appellant and considering the report of the Enquiry Officer held the charges proved and dismissed the appellant from service by his order dated 17th August, 1978. 3. The appellant filed an appeal against the said order before the Commissioner, Lahore Division, which was dismissed on 18th August, 1979. He there after filed an appeal before the Punjab Service Tribunal, Lahore which was dismissed in limine on 6th January, 1980. The learned Tribunal held that the charge No. 5 was not conclusively proved: the charge No. 6 has been established against the appellant from the record and in view of the finding recorded against charge No. 5, it was not necessary to consider the charge No. 4. 4. Leave to appeal was granted on…
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