| Citation(s) |
|---|
| 1985 SLG 1916 1985 SLD 1916 1985 PLC 518 |
Service Tribunal, Punjab
Case No. 215/953 of 1984, decided on 27th October, 1984.
ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
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Case No. 215/953 of 1984, decided on 27th October, 1984.
ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
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BASHIR AHMAD
VS
DIRECTOR OF FISHERIES, PUNJAB LAHORE and another
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Disciplinary action--Departmental enquiry defective and improper--Impugned penalty order of removal from service, in circumstances, set aside and case remanded to "Authority" for proceeding afresh by appointing another Enquiry Officer after re-instating appellant. Masud Ahmad Riaz for Appellant. Muhammad Ibharim, Deputy District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).--Bashir Ahmad, Ex-Supervisor Fisheries, Sohawa, has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Director of Fisheries, Punjab, Lahore and the Secretary, Wildlife and Fisheries Department as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned orders, dated 24-7-1983 and 15-2-1984 be set aside and he be re-instated in service w.e.f. 21-7-1983 as if the impugned orders were never passed with back benefits. 3. Brief facts of the case are that while the appellant was working as Supervisor Fisheries, Sohawa, the appellant was charge-sheeted by the Deputy Director of Fisheries, Fisheries Research Institute, Lahore vide charge-sheet dated 29-3-1983 alongwith the statement of allegations. The appellant submitted his reply to the charge-sheet, to the Assistant Director, Fisheries, Jhelum and Enquiry Officer was appointed to probe into the allegations. 4. The Enquiry Officer submitted his enquiry report to the Authorised Officer who submitted his recommendations to the Authority i.e. Director Fisheries, Punjab, Lahore who issued a notice for personal hearing under rule 8 of the Punjab Civil Servant (E & D) Rules, 1975 vide order, dated 11-7-1983. The appellant was personally heard in person on 19-7-1983. The Authority after consideration of the case of the appellant imposed the penalty of removal from service w.e.f. 21-7-1983 vide order dated 24-7-1983. The appellant made an appeal to the Secretary, Government of the Punjab, Forestry, Wildlife and Fisheries Department, Lahore which was rejected vide his order dated 15-2-1984. Hence this appeal. 5. We have heard the parties i.e., Mr. M.A. Riaz, Advocate for the appellant and Mr.…
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