Law:

Section:

Punjab Service Tribunals Act (IX of 1974)---- ---S. 4-Appeal before Tribunal-Limitation-No limitation against a void order-Order in violation of principles of natural justice­-Void-Sowar of Border Military Police charged for unauthorised absence from duty-Explanation that absence was on account of sickness supported by medical certificate-Enquiry Officer appointed by competent authority expressing his inability to conduct fair inquiry for reasons that he had already formed some opinion against accused--Competent authority instead of entrusting enquiry to some other officer resorting to show-cause notice and inflicting penalty of dismissal from service-Proceedings, in circumstances, held, suffering from procedural flaw against fundamental principle of natural justice hence stood vitiated-Impugned order of dismissal from service, held, void-Appeal before Tribunal delayed due to revision petition before Commissioner not admissible under rules after dismissal of appeal by Deputy Commissioner-Objection of limitation, in circumstances, held, not relevant-Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, rr. 6 & 7. Riaz Anwar for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Shamsher Ali Khan has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Commandant Border Military Police, Dera Ghazi Khan and Deputy Commissioner, Dera Ghazi Khan, as respondents. 2. By virtue of the appeal he has prayed that the orders, dated 12th December, 1979, 10th August, 1980 as well as dated 6th April, 1981 be set aside. 3. Brief facts of the case are that while the appellant was serving as Sowar at B. M. P., Post Mamdani, respondent No. 1 issued a show-cause notice to the appellant, dated 28th March, 1979 as to why the appellant should not be awarded one of the punishments as provided by section 10 of the North-West Border Military Police Act, 1904. An inquiry was entrusted to Political Tehsildar, D. G. Khan, who recorded the statements of three witnesses including Risaldar B. M. P., D. G. Khan. The said officer submitted the report to respondent No. 1…

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