Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ----R. 6 (3)-Civil servant dismissed from service on charges of corruption and forgery without holding regular enquiry or show­cause being served-Copy of order not supplied nor given opportu­nity of being heard-Proceeded against ex purte despite production of medical certificate of serious illness-Held : Dispensation of enquiry, in circumstances, was absolutely unjustified and contrary to law-Without assistance of Enquiry Officer and evidence so recorded by him brought on record it would be impossible for any body to hold a person guilty of complicated and lengthy charges-­Orders of dismissal and rejecting departmental appeal held nullity in eye of law as well as arrived at without any evidence on record - and civil servant re-instated in service with back benefits. P L D 1974 S C 151 ref. Ch. Mushtaq Afasud for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Muhammad Ashraf, ex-Patwari has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Commissioner, Lahore Division, Lahore and Assistant Commissioner (S)/Collector, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned orders dated 6th December, 1978 as well as dated 27th October, 1.979, and 12th March, 1983, be set aside and the appellant, be reinstated in service with all back benefits/remunerations etc. 3. Brief facts of the case are that during the inspection of the revenue record of village Bhekewal, Tehsil and District Lahore, it was found that the appellant during his posting in the said Circle had allegedly tampered with the revenue record showing one Bashir Ahmad as `Qabiz Hisadar' of certain land in the said village. The appellant was not served with any show-cause notice nor any service was effected upon him. Similarly no full-fledged enquiry was conducted against him as required by law although the allegations were of serious in nature relating to corruption and forgery. The appellant was proceeded ex parte by the respondent and was dismissed from service. The appellant came to know of the…

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