Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R.7(3)--Departmental enquiry--Evidence--Statements of witnesses given in absence of accused transferred by Enquiry Officer on enquiry file--Enquiry proceedings, in circumstances, held, wholly untenable. (b) Civil service-- --- Disciplinary action--Natural justice, principles of--Justice not only to be done but it should be known that justice has been done-Accused making specific allegations of malpractices against higher officer-Such allegations yet under inquiry and accused charge-sheeted on a complaint by same higher officer--Enquiry against accused conducted by officer subordinate to complainant and complainant himself appearing as witness against accused--Such officer, in circumstances, held, would definitely be under influence of his Superior and unable to do justice to accused-Officer conducting enquiry against Senior officer on complaint of accused suddenly turning same enquiry against accused and holding accused guilty in preliminary enquiry against accused--Accused consequentially dismissed from service--Such sort of segment, held, cannot be allowed to sacrify fundamental principles of natural justice a Impugned dismissal order, in circumstances, set aside by Service Tribunal without touching merits and case remanded for fresh inquiry at discretion of competent authority and in case of fresh inquiry same directed to be conducted by an Officer Senior to Superior Officer against whom allegations made by accused (appellant)--Service Tribunals Act (IX of 1974), S. 4. M.M. Saeed Beg for Appellant. A.G. Humayun, District Attorney for Respondent JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Khadim Hussain Mauji has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Director of Fisheries, Punjab, Lahore and the Secretary to Government of the Punjab, Forestry, Wildlife and Fisheries Department, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned orders, dated 7-7-1983 and 15-11-1983, be set aside and he may be reinstated in service with all back benefits. 3. Brief facts of the case are that the appellant…

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