Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 4(4) (b) (iii)-Removal from service-Ex parte order-Civil servant avoiding to receive letters issued to him by enquiry officer and consequently notice issued in Press-Neither Medical Super­intendent nor civil servant himself producing copy of medical certificate in support of his illness and civil servant adopting nega­tive attitude for appearing before authority for personal hearing ­Civil servant, held, at fault-Ex parse order of removal, held further, rightly passed. (b) Punjab Civil Servants (Efficiency and Discipline) Roles, 1975- --R. 4(I) (b) (iii)-Removal from service-Principle, audi alteram partem -Civil servant adopting negative attitude for personal hear­ing to put up his defence and as a consequence on charges being proved, removed from service by competent authority Civil servant although at fault yet would have provided another opportunity of personal hearing on principle of audi alteram partem-Order of removal set aside and case remanded for afford­ing another opportunity to defend himself by providing another copy of inquiry report, in circumstances. Masud Ahmad Riaz for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT Zafarul Hassan has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary (S & R), Government of the Punjab, Board of Revenue (S & R) Wing, Punjab, Lahore, and Member, Board of Revenue, (S & R), Board of Revenue, Punjab, Lahore, as Respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned orders, dated 13th May, 1982/27tb May, 1982 and final order, dated 17th August, 1982, be set aside and the appellant be re-instated in service, w. e. f. 7th August, 1981, with full back benefits of Pay and Allowances etc. 3. Brief facts of case are that the appellant had been serving as Junior Clerk under the respondents. He was transferred to Attock in the year 1981. Instead of complying with the orders of the respondents, the appellant applied for cancellation of transfer order vide his applica­tion, dated 10th December, 1981. In the meanwhile the…

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