Case Details

Citation(s)
1985 SLG 1614 1985 SLD 1614 1985 PLC 156
Service Tribunal, Punjab
Case No. 245/174 of 1983, decided on 26th October, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUASAIN, AND ABDUL HAMID CHAUDHRY, MEMBERS

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VICTOR AZARIAH

VS

The SECRETARY GOVERNMENT OF PUNJAB, EDUCATION DEPARTMENT, LAHORE and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-­ ---S. 6--Appellant failed to comply with transfer orders--Relieved of his duties but did not join new assignment--Charged with wilful absence from duty and misconduct--Accepted validity of 'Authorised Officer' and 'Enquiry Officer' by participation in enquiry proceedings-Appellant not permitted to raise same issue of validity at belated stage and delay in proceedings against him. Mansur Ali Khan v. The Secretary, Government of the Punjab, Education Department etc. Case No. 533/1966 of 1982distinguished. Muhammad Rashid Malik for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY, (MEMBER).-- Victor Azariah has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Secretary, Government of the Punjab, Education Department, Lahore and the Director of Education (Colleges), Multan Division, Multan as respondents. 2. By virtue of this appeal, the appellant has prayed that the order dated 19-7-1982 passed by the Government whereby the Director of Education (Colleges), Multan Division, Multan was appointed as an "Authorized Officer" to conduct the enquiry against the appellant be set aside. He has also prayed that the subsequent proceedings held at the behest of the said Authorized Officer be quashed. He has further prayed that he be considered on duty from 7-9-1982. His leave period from 8-5-1980 to 6-9-1982 be treated against the post of Registrar, F. C. College, Lahore and also the leave case pending since 8-5-1980 be dealt with and decided by the Director of Education (Colleges), Lahore Division, Lahore. 3. Brief facts of the case are that the appellant, was working as Registrar in F.C. College, Lahore. He was transferred and posted as Students Welfare Officer in the Directorate of Education, Multan Division by the Director of Public Instruction, Punjab, Lahore vide his order, dated 7-4-1980. The appellant instead of resuming his duty at Multan sent an application for the grant of leave on medical grounds to the Principal, Government F.C. College, Lahore which was forwarded to the Director of Education (College)…
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