Case Details

Citation(s)
1985 SLG 1755 1985 SLD 1755 1985 PLC 309
Service Tribunal, Punjab
Case No. 471/451 of 1983, decided on 23rd May, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMEED CHAUDHRY AND FAIZ KARIM, MEMBERS

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FAQIR ULLAH

VS

DIRECTOR, LOCAL GOVERNMENT AND RURAL DEVELOPMENT and 2 others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Disciplinary action--Dismissal for misconduct--Appellant a Naib-Qasid (Peon) in office of Union Council charged for tampering with record and issuance of wrong birth certificate--Evidence in departmental enquiry indicating that accused performing duties not connected with issuance of such certificates and proper official (Secretary of Union Council) himself appearing as witness and deposing that certificate was issued by him and accused was not concerned with the matter--Service Tribunal coming to conclusion that impugned dismissal order was based on misreading of evidence--Tribunal, in circumstances, accepting appeal and setting aside impugned dismissal order directing re-instatement of appellant with full back benefits. Anwar Ali for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Faqir Ullah has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1.974, in which he has impleaded the Director, Local Government and Rural Development, D. G. Khan, Assistant Director, Local Government, Muzaffargarh and Project Manager, R.D. Markaz, Shah Jamal, as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 13-6-1983, by which he has been dismissed from service, be set aside. 3. Brief facts of the case are that the appellant was charge-sheeted by the Authorised Officer, Project Manager, R.D. Markaz, Basira on the allegation that Allah Ditta Shah caste Syed resident of Mauza Sanwai Syed Union Council Sharif Chajjra, Tehsil and District Muzaffargarh, complained that the appellant issued a birth certificate of Lal Shah son of Sultan Shah to help him getting bailed out from a murder case and got some money as bribe in lieu thereof. He further alleged that the appellant dropped water on the entry of Lal Shah in the Birth and Death Register to conceal the truth and in this way by tampering with the record, had helped to Lal Shah. The appellant denied both the charges but the Authorised Officer found the said charges proved and recommended action against the appellant. On the receipt of the report from the Authorised…
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