| Citation(s) |
|---|
| 1984 SLG 1423 1984 SLD 1423 1984 PLC 792 |
Service Tribunal, Punjab
Case No. 402/1284 of )981, decided on 27th January, 1983.
ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 402/1284 of )981, decided on 27th January, 1983.
ABDUL HAMID CHAUDHRY, MEMBER
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GHULAM FARID BHATTI
VS
DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, SARGODHA AND ANOTHHR
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- -- R. 6(3)-Show-cause notice-Dispensing with regular enquiry-Reasons to be recorded-Charge-sheet served upon accused and his reply thereto received-Charges refuted-Instead of appointing inquiry officer to find out truth procedure of show-cause notice resorted - No reasons recorded and no speaking order passed for dispensing with regular enquiry-Exercise of discretion, in circumstances, held, arbitrary and illegal-Consequential penalty order of removal from service set aside and case remanded to competent authority-Punjab Service Tribunals Act (IX of 1974), S. 4. 1976 P L C (C. S. T.) 35 ; Dost Muhammad v. Deputy Commissioner, Maltan 1980 P L C (C. S.) 611 and Allah Bux v. Commissioner, Hyderabad 1982 P L C (C. S.) 272 rel. Syed Jamshed Ali for Appellant. Malik Azarn Rasool for Respondents. JUDGMENT Ghulam Farid Bhatti, Ex-Sub-Inspector, Co-operative Department has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Deputy Registrar, Co-operative Societies, Sargodha Division, Sargodha and the Registrar, Cooperative Societies, Punjab, Lahore as respondents. 2. By virtue of this appeal he has prayed that the orders, dated 11th April, 1979 and 26th February, 1980 passed by the Respondent No. 1 be declared as illegal without lawful authority, mala fide, in excess of jurisdiction and be quashed, directing the appellant to be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant, Ghulam Farid Bhatti, joined the Co-operative Department as Sub-Inspector on 21st June, 1953 and was confirmed as such on 30th October, 1960. While he was posted at Lalian, as Sub-Inspector he was transferred to Chak No. 52/JB vide order No. 8575-778/DRS/E, dated 30th April, 1978. Instead of taking over at the new station of posting, the appellant proceeded on leave without sanction. The appellant was charge-sheeted and proceeded under the provision of Punjab Civil Servants (E & D) Rules, 1975. He was found guilty of Misconduct on account of absence from duty. The appellant was punished by reducing him to a stage by one step…
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