Case Details

Citation(s)
1985 SLG 1892 1985 SLD 1892 1985 PLC 495
Service Tribunal, Punjab
Cases Nos. 327/816 and 458/1079 of 1984, decided on 19th February, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN

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ABDUL HAKEEM and another

VS

COMMISSIONER, DERA GHAZI KHAN DIVISION, D.G. KHAN and another

Law:

Section:

Civil service-- --- Locus poenitentiae arid animus revertendi--Patwari removed/struck off from service/list--Re-appointed--Services again terminated on ground that fresh appointment obtained by concealment of previous removal-­Record indicating that facts regarding previous service and removal mentioned and not concealed in fresh application--Impugned removal order further sought to be justified that re-appointment was made without relaxation of age limit by competent authority--Removal from service or being struck off from list, held, did not amount to dismissal debarring re-appointment--Impugned removal order in circumstances, held, illegal, without lawful authority and against principle of locus poenitentiae and animus revertendi following principle of natural justice--Service Tribunal accepting appeal awarding re-instatement with all back benefits-Punjab Service Tribunals Act (IX of 1974), S.4. Haji Mushtaq Ahmad Aqil for Appellant No.1. Riaz Anwar for Appellant No.2. A.G. Humayun, District Attorney for Respondents. JUDGMENT Messrs Abdul Hakeem and Bashir Ahmad, ex-Patwaris have filed these appeals under section 4 of the Punjab Service Tribunals Act, 1974, and have impleaded the Assistant Commissioner/Collector, Rajanpur and the Commissioner, Dera Ghazi Khan Division, Dera Ghazi Khan, as respondents. 2. By virtue of these appeals they have prayed that the impugned order of respondent No.1 dated 14-11-1983, and that of respondent No.2 dated 29-3-1984, be set aside and the appellants be re-instated in service with all back benefits. 3. As the facts and law points involved in both these appeals are identical in nature, I will decide these appeals with this single judgment. 4. Brief facts of the case are as under:- ABDUL HAKEEM: That the appellant was initially appointed in 1957 as Patwari in Kotla Eisan district D.G. Khan and was removed from service vide order, dated 20-8-1973, passed by the District Collector, D.G. Khan. He filed appeal before the learned Commissioner, which was also rejected. He further went in appeal before the Service Tribunal which also met the same fate. On 27-12-1978, he moved an application to the Minister for Revenue, which was duly…
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