Law:

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Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6(3)--Punjab Service Tribunals Act (IX of 1974), S.4--Show-cause notice--Nature of punishment proposed not mentioned precisely in notice--Such notice, held, was violative of law--Penalty order imposed pursuant to such notice set aside by Service Tribunal and case remanded to competent authority to proceed with a fresh notice in accordance with law if so advised. 1981 P L C 161 rel. Ch. Rafiq Ahmad Sabir for Appellant. H.R. Cheema, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Mr. Mukhtar Ahmad Ex-S.D.O. Highways Sub-Division, has filed this appeal under section 4 of the Punjab Service Tribunal against the orders, dated 30-6-1980 by which the appellant was compulsorily retired from service alongwith the recovery of proportionate loss to the Government and against order, dated 15-11-1980 by which the review petition was also rejected. By virtue of this appeal the appellant has prayed that the impugned order be set aside and he may be re-instated in service. Brief facts of the case are that while he was posted as S.D.O. Highways Sub-Division, Chiniot, the appellant received a show-cause notice under Rule 6(3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. He replied to this notice denying all the allegations levelled against him but the same did not find favour with the Authorised Officer who imposed the penalty of compulsory retirement as well as recovery of proportionate amount of loss so caused to Government. His review petition also was rejected on 15-11-1980. Hence this appeal. We have heard the learned counsel for the appellant as well as the District Attorney and have perused the entire record of this case carefully with their assistance. It has been submitted on behalf of the appellant that the respondent had earlier moved for conducting a spot enquiry by Mian Tanvir Hussain, Director, Planning and Design, Punjab Highways Department, Lahore, but while this enquiry was still in progress he proceeded to issue a show-cause notice which, was against the spirit of the rules and in violation of law laid down by the superior Courts of this…

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