Case Details

Citation(s)
1986 SLG 2357 1986 SLD 2357 1986 PLC 944
Service Tribunal, Punjab
Case No. 46/5 of 1985, decided on 30th July, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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NAZIR AHMAD

VS

SECRETARY TO GOVERNMENT OF PUNJAB, REVENUE DEPARTMENT, LAHORE/MEMBER (REVENUE ESTABLISHMENT) BOARD OF REVENUE, PUNJAB LAHORE and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975----- ---R. 18(1) & (2)--Punjab Service Tribunals Act (IX of 1974), S.4-­Dismissal from service--Authority exercising powers beyond statutory period of 90 days--Authority, if not satisfied with legality and propriety of order of Commissioner, held, could only exercise powers to satisfy itself about guilt or innocence of civil servant through further inquiry into charges--Such Authority, however, could not restore order of Collector dismissing such civil servant--Order of dismissal set aside and case remanded for further inquiry in circumstances. Rana Muhammad Sarwar Khan for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).----Nazir Ahmad, Patwari Halqa Chiniot, 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/Member (Revenue Establishment), Board of Revenue, Punjab, Lahore, and the Assistant Commissioner/ Collector Chiniot, District Jhang, as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 11-11-1984 of respondent No. 1 dismissing. The appellant from service restoring the order of respondent No. 2, dated 10-10-1982, be set aside being illegal and without lawful authority. He has prayed that the order of learned Commissioner, dated 2-10-1983, re-instating the appellant with all back benefits, be restored. 3. Brief facts of the case are that the appellant while working as Patwari Halqa Chiniot was suspended from service and enquiry ordered by the A.C./Collector Chiniot, vide orders, dated 17-6-1982, on the allegation of having issued a wrong Fard Malkiat in collusion with Zawwar Hussain which led to the sale of a piece of land measuring 5 Kanals 13 Marlas for the second time in the name of Dost Muhammad and others. On the receipt of report of the Enquiry Officer, the learned A . C . / Collector issued a notice under rule 6(3) of the Efficiency and Discipline Rules, 1975, to the appellant to show cause as to why major penalty which may amount to dismissal from service as provided under…
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