Law:

Section:

Civil service- --Disciplinary action-Officer of Local Council charged for alleged irregularity in awarding Cattle Fair without observing procedure prescribed under rules-Record indicating that accused putting up note to Chairman pointing out requirements of rules and Chairman himself a Law Graduate not following such procedure-Service Tribunal reaching conclusion that accused-appellant had performed his duty and was not responsible for deliberate act of Chairman-­Impugned penalty of withholding increment for three years, in circumstances, set aside-Punjab Service Tribunals Act (IX of 1974), S. 4. Masud Ahmad Riaz for Appellant. A. G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Manzoor Masud Tamanna has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab, Local Government Department, Lahore, as respondent. 2. By virtue of this appeal he has prayed that the order imposing minor penalty on the appellant be declared null and void and appeal be accepted. 3. Brief facts of the case are that the appellant while posted as Chief Officer, Zila Council, Faisalabad during 1980-81, allegedly awarded contract of Cattle Fairs of Jaranwala and Toba Tek Singh, without proper auction and - without- observing proper procedure, and thus substantial loss occurred to the Zila Council on account of his above misconduct. A preliminary enquiry was held against the appellant as well as ex-Vice-Chairman Mian Rashid, by the Director-General, Local Government and Rural Development Department. As a result of the said inquiry the appellant was charge-sheeted whereas no action was taken against ex-Vice-Chairman, Zila Council, Faisalabad. The appellant was charge-sheeted for the purpose of regular inquiry and he replied to the same. An enquiry was held by Lt.-Col. (Retd.) Muhammad Yusaf, D3D-IV Enquiries, S. G. A. & I Department, who found that the charge (i) was not proved against the appellant. With regard to Charge No. 2 it was held that the charge stood proved against him and while charges (iii), (iv), (v) and (vi) he was of the opinion that they all stood proved…

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