Case Details

Citation(s)
1985 SLG 2288 1985 SLD 2288 1985 PLC 989
Service Tribunal, Punjab
Case No. 701/1176 of 1984, decided on 11th May, 1985.
ABDUL HAMID CHAUDHRY, MEMBER

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MUHAMMAD HUSSAIN

VS

COMMISSIONER, SARGODHA DIVISION, SARGODHA AND ANOTHER

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- --S. 4-Disciplinary action-Girdawar reverted to lower rank as Patwari on charges of non-implementation of orders of Assistant Colonization Officer/Collector to eject some unauthorised occupants from State land-Order initially addressed to Tehsildar with directions for compliance report within one week -Tehsildar marking same to Naib-Tehsildar after lapse of one week and Naib-Tehsildar sending it to Girdawar (accused) with remarks "to be presented at site on his next tour"-Order remaining unimplemented for more than a fortnight and meanwhile affected occupants obtaining stay order from Supreme Court-Tribunal, in circumstances, observing that main responsibility for non-ejectment and non-compliance of order rested with Tehsildar and Naib-Tehsildar who should not have left the matter to subordinates in casual and routine manner and though accused also one of delinquents should not have been singled out-Impugned penalty further, ,held, not in consonance with guilt of accused hence same altered by Tribunal to that of censure and stoppage of two annual increments without future effect. Ghulam Nabi Bhatti for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT Muhammad Hussain, ex-Girdawar of Adhi Kot, Noorpur Tehsil, District Khushab has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Commissioner, Sargodha Division, Sargodha and the Deputy Commissioner/Collector, Khushab as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned order dated 17th May, 1984 of the Deputy Commissioner, Khushab and order, dated 13th August, .1984 of the Commissioner, Sargodha Division, Sargodha be set aside as being illegal and against the facts of the case. 3. Brief facts of the case are that the Extra Assistant Colonization Officer/Col lector, Jauharabad in exercising the power conferred upon him under section 32 of the Colonization of Government Lands (Punjab) Act, 1912 had authorised the Tehsildar Noorpur to eject the unauthorised occupants (Alam Sher, etc.) from the land measuring 70 Acres and 3 Marlas in Chak No. 13-B/MB, Tehsil Noorpur,…
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