Case Details

Citation(s)
1988 SLG 823 1988 SLD 823 1988 PLC 72
Service Tribunal, Punjab
Case No. 795/1120 of 1984, decided on 8th October, 1986.
S. ABDUL, JABBAR KHAN, CHAIRMAN, SARFRAZ HASSAN AND MIAN FAIZ KARIM, MEMBERS

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ANWAR-ULHAQUE

VS

SECRETARY TO GOVERNMENT OF PUNJAB, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT, LAHORE and another

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr.2(d),4(b),7--Disciplinary action--Quantum of punishment--Chief Officer and ex-officio Taxation Officer of Municipal Committee charged for misconduct of causing loss to Municipal Committee in not realising prescribed fee for transfer of Tehbazari licence and allowing transfers without sanction of Chairman--Charges established in regular enquiry with sufficient defence opportunity including cross-examination of prosecution witnesses--Penalty of withholding increments for three years imposed by Authorised Officer--Departmental appeal rejected-­Service Tribunal declining to interfere but penalty, reduced to withholding increment for one year. Riaz Anwar for Appellant. Manzoor Hussain Bhatti, District Attorney for Respondents. JUDGMENT MIAN FAIZ KARIM (MEMBER). --Anwar-ul-Haque, appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the impugned order dated 31-3-1984 vide which the appellant was inflicted minor penalty of withholding the increments for the period of 3 years. Aggrieved by this order the appellant filed departmental appeal which was rejected vide letter dated 3-9-1984 of the Secretary, Punjab Local Government Board. The appellant has impleaded the Secretary to Government of the Punjab, Local Government and Rural Development Department, Lahore and Deputy Secretary (Admn.), LG & RD Department as respondents Nos.l and 2 respectively. 2. Through this appeal the appellant has prayed that the impugned orders may be set aside. 3. Brief facts of the case are that the appellant was charge-sheeted as below: - "That you while posted as Chief Officer, Municipal Committee, Chichawatni, in or about the years 1977-78, by abusing your official position as public servant, committed the acts of omissions and commissions, detail whereof is set out as under:- (i) In 189 cases, the licences/ tickets of Teh-Bazari were transferred from the names of original holders without the sanction of the Chairman and without realizing the Transfer Fees @ Rs.200 per case and thereby caused a loss of Rs.37,800 to the…
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