Case Details

Citation(s)
1986 SLG 1986 1986 SLD 1986 1986 PLC 279
Service Tribunal, Punjab
Case No. 742/1137 of 1984, decided on 13th May, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER

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DOST MUHAMMAD

VS

SECRETARY TO GOVERNMENT OF PUNJAB, REVENUE DEPARTMENT LAHORE and 3 others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---Rr. 2(1)(b), (c) & 2(3)--Board of Revenue Delegation of Powers Rules, 1958, Revenue Department Notification No. 11481-69/5123-­E(F)-VI, dated 15-11-1969--"Authority" and "Authorised Officer"--­Assistant Commissioner competent to act as Authority and Authorised Officer against Patwaris--Major penalty of dismissal from service imposed by Assistant Commissioner--Plea that no one declared as Authorised Officer as such proceedings initiated and conducted by Assistant Commis­sioner in capacity as Authority were not proper--Plea repelled. Pervaiz I. Mir for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Dost Mohammad, ex-Patwari has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Revenue Department, Lahore, the Member (Revenue), Board of Revenue, Punjab, Lahore, the Commissioner, Sargodha Division, Sargodha and the Assistant Commissioner, Shahpur Saddar Sub-Division, as respondents. 2. By virtue of this appeal he has prayed that impugned orders, dated 21-10-1981, 20-3-1983 and 3-5-1984, be set aside and the appellant be re-instated in service with full interests and benefits of service. 3. Brief facts of the case are that the appellant while posted as Patwari Halqa Dherowal, Tehsil Shahpur entered an inheritance mutation No. 97 of one Mohammad Zaman son of Iraq, caste Kandan and got the same sanctioned by the Revenue Officer Halqa on, 14-12-1977, in favour of his sons, Mohammad Hayat, Mohammad Nawaz, Khuda Bakhsh and Sarfraz in equal shares. The date of the death of the propositus was shown as 25-11-1977. Later on it came to notice that the said Mohammad Zaman was still alive and that the inheritance mutation was got sanctioned maliciously by the appellant. A criminal case under section 419/420/424/ 468, P.P.C. was got registered against him and he was proceeded against departmentally. The A.C./Collector, Shahpur served him with a show-cause notice under rule 6 (3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, and a…
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