| Citation(s) |
|---|
| 1985 SLG 2052 1985 SLD 2052 1985 PLC 662 |
Service Tribunal, Punjab
Case No. 418/909 of 1984, decided on 29th November, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN
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Case No. 418/909 of 1984, decided on 29th November, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN
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GHULAM ESA KHAN
VS
THE STATE AND 2 OTHERS
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 4 (1) (a) (ii)-Withholding of increment-Can be made only without cumulative effect. Malik Mureed Hussain for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT Ghulam Esa Khan, ex-Head Clerk office of District Housing Committee, Muzaffargarh, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order, dated 29th April, 1984 of respondent No. 2 as well as against the order of respondent No. 3, dated 5th February, 1981. He has impleaded the State, Director-General, Housing and Physical Planning Punjab, Lahore and Director, Housing and Physical Planning Circle, Multan, as respondents. 2. By virtue of this appeal he has prayed that the impugned orders be set aside thereby allowing the appellant to draw the arrears for the suspension period from 25th May, 1980 to 24th February, 1981. 3. Brief facts of the case are that appellant while working as Head Clerk was placed under suspension w. e. f. 25th May, 1980 and afterward was charge-sheeted vide memo, dated 18th June, 1980 by respondent No. 3. An Enquiry Officer was appointed to conduct enquiry into the charges so levelled against him, who after conducting enquiry came to the conclusion that "out of three charges, one and half (1J) charge is unproved and hence the official was exonerated from it. The remaining one and half (1½) charge has been established and pertain to inefficiency and insubordination. Hence in my opinion the official is :- (i) Somewhat inefficient ; (ii) Guilty of unintentional insubordination." After receiving the result of the enquiry the respondent No. 3 passed the impugned order whereby he stopped the increment for two years with cumulative effect and also did not allow payment of arrears for the suspension period from 25th May, 1980 to 4th February, 1981. He preferred appeal before respondent No. 2, who rejected the same. Hence this appeal. 4. I have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance. 5. Learned…
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