Case Details

Citation(s)
1984 SLG 1503 1984 SLD 1503 1984 PLC 892
Service Tribunal, Punjab
Case No. 2136/1758 of 1982, decided on 16th May, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHOUDHRY, MEMBERS

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MUHAMMAD RAMZAN

VS

ASSISTANT COMMISSIONER, SADDAR, LAHORE AND ANOTHER

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- Rr. 6(3) & 8-Dismissal from service for misconduct-Service of show-cause notice not proved on record-Impugned order passed ex parte without personal hearing-Impugned order, in circum­stances, held, contrary to principle of audi alteram partem hence set aside by Service Tribunal-Punjab Service Tribunals Act (IX of 1.974), S. 4. Mushtaq Ali Tahir for Appellant. A. G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).- Muhammad Ramzan, ex. Patwari has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded Assistant Commissioner (S) Saddat, Lahore and Commissioner, Lahore Division, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned order dated 29th November, 1981 by which he was dismissed from service and appellate order dated 11th April, 1980 by which the impugned order was maintained by the Commissioner, Lahore Division, Lahore, be set aside and he be reinstated in service with all back benefits. 3. Brief facts of the case are that on a joint application dated 28th January, 1980 filed by Muhammad Hussain son of Karim Bakhsh and Muhammad Bashir son of Rehmat Ali, residents Adda Chabeel, action was initiated against one Muhammad Hussain Patwari and the appellant. The complainant Muhammad Bashir was summoned and his statement was recorded on 13th June, 1981 in which he stated that he has effected compromise with Muhammad Hussain Patwari and with the appellant. After recording statement on the same day, it was recorded by the competent authority that the compromise has been effected with Muhammad Ramzan by the complainant Muhammad Bashir, but he wants some time to compromise with Muhammad Hussain also. It was also observed that in view of the said situation, there was no necessity of, further enquiry. However, the case was adjourned to 27th June, 1981 for affecting a compromise with Muhammad Hussain. In this manner the case was adjourned from time to time and ultimately on 19th July, 1981 it was again recorded that Muhammad Bashir, the complainant, is absent and Muhammad Hussain Patwari…
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