| Citation(s) |
|---|
| 1987 SLG 937 1987 SLD 937 1987 PLC 11 |
Service Tribunal, Punjab
Case No. 55/29 of 1985, decided on 4th June, 1985.
ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 55/29 of 1985, decided on 4th June, 1985.
ABDUL HAMID CHAUDHRY, MEMBER
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MUHAMMAD AKRAM
VS
COMMISSIONER, SARGODHA DIVISION SARGODHA and another
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.6--Dismissal from service--No authorized Officer appointed to conduct enquiry--Impugned orders, held, could not be sustained being violative of provisions of law. Muhammad Akram v. Secretary, Government of Pakistan 1977 PLC (C.S.T.) 81 ref. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Dismissal from service--Case remanded to competent authority to proceed afresh in accordance with provisions of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 by appointing Authorised Officer--Proceedings to be conducted afresh against appellant from where lacuna had occurred--Appellant was directed to be re-instated in service to bestow upon him status of civil servant so that Authority could proceed against appellant accordingly--Fate of suspension period should also be decided by Authority after proceeding de novo against appellant. Syed Jamshed Ali for Appellant. Masud Ahmad Ghuman, Deputy District Attorney for Respondents. JUDGMENT Muhammad Akram Ex-Patwari, Halqa of village Luqman, Tehsil and District Sargodha has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Commissioner, Sargodha Division, Sargodha and the Assistant Commissioner/ Collector, Saddar Sub-Division, Sargodha as respondents. 2. By virtue of this appeal the appellant has prayed that the orders, dated 22-8-1984 of the Assistant Commissioner/ Collector, Sadar Sub-Division, Sargodha and the order, dated 5-1-1985 of the Commissioner, Sargodha Division, Sargodha be set aside and the appellant be re-instated in service with all back benefits. 3. Brief facts of the case are that the Commissioner, Sargodha Division, Sargodha (Mr. Muhammad Azhar) while deciding the revision petitions filed by Mulazim Hussain etc. v. Lal and Mst.Mumtaz Begum v. Lal. vide his order, dated 30-1-1984, observed that the impugned Mutation No. 230 was manoeuvred with the active connivance of the appellant Patwari Halqa. He, therefore, directed the A.C./Collector, Sargodha being the competent Authority to suspend the appellant for his illegal…
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