| Citation(s) |
|---|
| 1985 SLG 1722 1985 SLD 1722 1985 PLC 265 |
Service Tribunal, Punjab
Case No. 140/94 of 1983, decided on 5th October, 1983.
ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 140/94 of 1983, decided on 5th October, 1983.
ABDUL HAMID CHAUDHRY, MEMBER
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MUHAMMAD MUNIR
VS
THE COMMISSIONER, GUJRANWALA DIVISION and another
Law:
Section:
(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 4(b)(iv)--Dismissal--Record of case and details given in departmental orders and in parawise comments proving charge of misconduct against civil servant in making incorrect reports on applications made by Zamindars for grant of subsidy of tube-wells which were found contrary to revenue record--Penalty of dismissal on such civil servant, held, justified. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R.4(b)(iv)--Dismissal--Record relating to Patwaris proceeded with departmentally alongwith appellant Patwari on similar charge showing minor penalties imposed on them--Punishment of dismissal on appellant Patwari, held, harsh discriminatory and unjustified and modified to extent of minor penalties. Ch. Fazalur Rehman for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Muhammad Munir (ex-Revenue Patwari), Circle Dhariwala, Tehsil and District Gujranwala has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Commissioner, Gujranwala Division, Gujranwala and the Collector/A. C. E., Gujranwala, as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned orders passed by the A.C.E./Collector, dated 11-10-1982 and the Commissioner, Gujranwala Division, Gujranwala, dated 6-3-1983, be set aside and the appellant be re-instated in service with all benefits of salary and other emoluments in accordance with the departmental Service Rules with effect from 31-5-1977. 3. Brief facts of the case are that the Assistant Agricultural Engineer (Well Drilling) Gujranwala, informed the Deputy Commissioner, Gujranwala that some Patwaris had made incorrect reports on the applications for grant of subsidy of the tube-wells. There was great variation with regard to the classification of the land verified by them and the one given in the revenue record. This was done with ulterior motives to give undue benefit to the applicants for grant of undue subsidy for installation of Tubewells. The Deputy Commissioner, Gujranwala, appointed the E.A.C.(R), Gujranwala, as an Inquiry Officer for the…
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