| Citation(s) |
|---|
| 1985 SLG 1627 1985 SLD 1627 1985 PLC 168 |
Service Tribunal, Punjab
Case No. 357 of 1983, decided on 19th October, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 357 of 1983, decided on 19th October, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER
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MUHAMMAD ZAFAR IQBAL
VS
THE DIRECTOR, EXCISE AND TAXATION DEPARTMENT, RAWALPINDI and another
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R.9--Removal from service after conviction by Court of law--Appellant served with show-cause notice and heard in person--Held: No prejudice caused to appellant. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-- Mr. Muhammad Zafar Iqbal has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Director, Excise and Taxation Department, Rawalpindi and the Director-General, Excise and Taxation, Department, Punjab, Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned orders, dated 3-6-1982 and 11-7-1983 be set aside and the appellant be re-instated in service w.e.f. 3-6-1983 with full back benefits. 3. This appeal is still at the stage of preliminary hearing. 4. Brief facts of the case are that the appellant was sentenced under section 468, P.P.C. to undergo six months' rigorous imprisonment and to pay a fine of Rs.2,000 under section 5(2) of the Prevention of Corruption Act, 1947 or in default to undergo three months' rigorous imprisonment. The appellant was served with a show-cause notice under rule 9 of the Punjab Civil Servants (Efficiency and Discipline) rules, 1975. The said notice was acknowledged by the appellant on 18-5-1982 but he failed to give any response thereto. The appellant was consequently removed from service with immediate effect vide order, dated 3rd June, 1982 of Director, Excise and Taxation, Rawalpindi. The appellant made an appeal to the Director-General, Excise and Taxation of Punjab, Lahore. The 'appellant was heard in person and the appeal was rejected vide order, dated 11-7-1983. Hence this appeal. 5. We have heard the parties. It has been argued by the learned counsel for the appellant on the technical ground that the show-cause notice should have been issued by the "Authorised Officer" instead of "authority" and thus the appellant has been prejudiced in the matter. The appellant has not been afforded a proper opportunity to defend himself and the order of removal of the appellant from service is,…
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