Case Details

Citation(s)
1984 SLG 1479 1984 SLD 1479 1984 PLC 854
Service Tribunal, Punjab
Case No. 664/1681 of 1981, decided on 11th October, 1981.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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MUHAMMAD BASHIR

VS

ASSISTANT COMMISSIONER/COLLECTOR, SAMUNDRI AND 2 OTHERS

Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- -- R. 6(3)-Show-cause notice procedure-Allegation of ulterior motive and ill-will-Holding of inquiry, held, necessary-Resort to show-cause notice would cause prejudice to accused. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --- Rr. 4 & 6(3)--Quantum of punishment-Patwari alleged to have prepared statement of average price of land with mala fide intention of benefiting allottees-Preparing himself revised statement on detecting error-No inquiry held to prove ulterior motive and mala fide intention and allottees charged price on basis of revised state­ment-Dismissal from service without resort to show-cause notice procedure in circumstances, held, caused prejudice to accused-Facts indicative that but for resort to show-cause notice and dispensing with regular enquiry accused would have been found guilty of only negligence-Unblemished service of 21 years already rendered­-Penalty of dismissal, in circumstances, held, not in consonance with fault of accused specially keeping in view 21 years long service hence same varied by Service Tribunal to that of censure and stoppage of increment for two years without future effect-Punjab Service Tri­bunals Act (IX of 1974), S. 4. Ch. Abdur Rehman Cheema for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL HAMID CHAUDHRY (MEMBER). -Muhammad Bashir has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the State, Assistant Commissioner/Collector, Samundri, District Faisalabad and the Commissioner, Sargodha Division, Sargodha as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugn­ed orders dismissing the appellant from service passed by the Assistant Commissioner/Collector, Samundri and upheld by the Commissioner, Sargodha Division, Sargodha be set aside and he be reinstated in service with all benefits. 3. Brief facts of the case are that the Deputy Commissioner, Faisal­abad vide his Memo. No. 1331-MICA, dated 9th January, 1981 informed the Assistant Commissioner, Samundri that the appellant prepared wrong statements of…
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