| Citation(s) |
|---|
| 1985 SLG 1585 1985 SLD 1585 1985 PLC 131 |
Service Tribunal, Punjab
Case No. 145/145 of 1983, decided on 27th November, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 145/145 of 1983, decided on 27th November, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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MANZOOR-ULHASSAN
VS
PUNJAB PROVINCE through the Secretary to Government of the Punjab, Communications and Works Department and 2 others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules 1975-- ---R.6--Misconduct--Findings of Enquiry Officer without associating appellant, held, one-sided and incomplete--Case remanded to proceed afresh. F.K. Kureishy for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-- Appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Secretary to Government of the Punjab, Communication and Works Department, Superintending Engineer, 3rd Provincial Buildings Circle, Lahore, and Executive Engineer, 5th Provincial Buildings. Division. McLeod Road, Lahore, as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned order dated 27-11-1982 of the Executive 5th Provincial Buildings Division, be set aside. 3. Brief facts of the case are that the appellant was charge-sheeted while working as SDO 'K' Sub-Division on 15-3-1982. The details of charge-sheet/statement of allegation are at Annexure 'A'. The appellant submitted the reply to the same on 28-3-1982. On consideration of the same and report of Enquiry Officer, the appellant was served with a show-cause notice by respondent No.3 in September 1982. The appellant submitted his reply to the show-cause notice on 18-10-1982. However, the appellant was found guilty of misconduct and a penalty of stoppage of increment without future effect for one year was imposed by respondent No.3 vide his order dated 27-11-1982. The appellant made an appeal to respondent No.2 on 5-12-1982, which is still pending. As the period of 90 days has elapsed, hence this appeal. 4. We have heard the parties. It has been argued by the learned counsel for the appellant that the appellant is not responsible for the loss of the measurement book. The report lodged to the S.H.O. Old Anarkali by the S.D.O. clearly shows that the Sub-Divisional Clerk reported to the SDO that the measurement book has been lost from the office. Thus, the measurement book was lost from the office of the SDO and not from the custody of the appellant. It has also been pointed out by the appellant's counsel that the appellant has been…
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