Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- ---Rr. 4 & 6--Dismissal from service, without regular enquiry--Effect-­Although civil servant was served with a charge-sheet alongwith statement of allegations, but no regular enquiry was conducted---Once a charge-sheet was served, holding of regular enquiry in the matter, held, would be a must. Mushtaq Hussain v. Medical Superintendent, Nishter Hospital, Multan and another Case No. 396/399 of 1985 rel. (b) Punjab Service Tribunals Act (IX of 1974)-- --S. 4--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.6--Appellate jurisdiction, exercise of--Where civil servant was dismissed from service without regular enquiry, Service Tribunal in exercise of appellate jurisdiction, re-instated such civil servant to clothe him with status of civil servant and directed proceedings against him in accordance with Efficiency and Discipline Rules, after holding a regular enquiry if so desired by Authority. Naseer Ahmad Qureshi for Appellant. Ghulamus Sayeddain, Deputy District Attorney for Respondents. JUDGMENT Syed Fida Hussain Ex-Dispenser, Government T.B. Hospital Sargodha has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Medical Superintendent, Government T.B. Hospital, Sargodha and the Deputy Director of Health, Sargodha Division, Sargodha as respondents. 2. By virtue of this appeal the appellant has prayed that order dated 10-4-1985 passed by the respondent No. l and order dated 24-6-1985 passed by the respondent No.2, be set aside and he be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant was served with a charge-sheet alongwith the statement of allegations on 30th March, 1985, by Dr. Saeed Ahmad Khan, Medical Superintendent, Government T.B. Hospital, Sargodha. The appellant submitted his reply to the charge- sheet, which was examined by the Medical Superintendent, Government T.B. Hospital, Sargodha. A show-cause notice was also issued to the appellant on 8-4-1985 by the above respondent. Consequently, the appellant was held guilty of the misconduct and was dismissed from…

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