Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---Rr.6(3) & 7--Show-cause notice procedure--Dispensing with regular enquiry--Preliminary enquiry conducted at back of accused-Allegations of corruption and illegal gratification on basis of findings of preliminary enquiry levelled in charge sheet--Dispensing with regular enquiry after framing charge sheet, held, was material omission-Preliminary enquiry without participation of accused, held, could not be considered as a substitute for regular enquiry--Penalty order set aside by Service Tribunal and case remanded for holding regular enquiry after issuance of proper charge-sheet. Muhammad Siddique Javed Chaudhry v. Government of the Punjab P L D 1974 S C 393 rel. Sh.Abdul Qayyum for Appellant. Manzoor Hussain Bhatti, District Attorney for Respondents JUDGMENT MIAN FAIZ KARIM (MEMBER).--The appellant, Bashir Akmal Malik, Superintendent, District Jail, Rahim Yar Khan has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order dated 29-7-1985 passed by Inspector-General of Prisons vide which the punishment of withholding increment for one year was inflicted over the appellant and the order dated 11-12-1985 of the Home Secretary, Government of the Punjab vide which the departmental appeal was rejected. The appellant has impleaded the Inspector-General of Prisons, Punjab, Lahore and Home Secretary, Government of the Punjab, Lahore as respondents Nos.l and 2 respectively. 2. Through this appeal the appellant has prayed that the impugned order may be set aside. 3. Brief facts of the case are that the appellant was issued the following show-cause notice:- "(i) That you failed to enforce the Government instructions/ Rules for the regulation of interviews of the prisoners judiciously and tactfully; as a result of which a mass-uprising took place at District Jail, Muzaffargarh on 28-10-1984 after lock-up. (ii) Numerous evidences have deposed that illegal gratification was being received by you for jail Fatigue and grant of routine interviews, through Headwarder Sardawal Khan, Rampant corruption for giving legal facilities to prisoners had compelled the prisoners…

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