Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6(3)--Punjab Service Tribunals Act (IX of 1974), S. 4--Dismissal from service on ground of misconduct-- Patwari accused of accepting illegal gratification--Tehsildar after preliminary enquiry recommended disciplinary action against such Patwari--Collector issued show-cause notice to accused Patwari stating that there was no necessity to hold further probe in the matter, and after giving him personal hearing, dismissed him from service--Validity of such dismissal order--Appellant Patwari was not given a reasonable opportunity to defend himself properly against ,allegations of illegal gratification and misappropriation of Government dues and in the conduct of departmental proceedings against him--Law laic: down by Supreme Court, reported in P L D 1974 S C 393 that competent authority was required to hold regular enquiry where allegations of corruption have been made against accused, had been ignored--Appellant's dismissal order was, therefore, not sustainable as no regular enquiry was held before such order was passed--Case was remanded to competent authority with option to hold regular inquiry in accordance with law and principle laid down by Supreme Court. Muhammad Nawaz v. Secretary to the Government of the Punjab, Agriculture Department 1981 P L C (C.S.) 194; 1980 P L C (C.S.) 562; 1982 P L C (C.S.) 795; P L D 1962 S C 142; P L D 1973 Note 36; Habib Khan v. Federation of Pakistan P L D 1954 Sind 109 and Siddique Javid Chaudhry v. Government of the Punjab P L D 1974 S C 393 rel. JUDGMENT Hafeezullah Ex-Patwari son of Shahabuddin resident of Basti Tharkhanawali, Khudian Town, Tehsil and District Kasur has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974 in which he has impleaded the State through A.C./Collector, Kasur and the Commissioner, Lahore Division as respondents Nos. 1 and 2 respectively. 2. By virtue of this appeal Hafeezullah has prayed that order dated 21-11-1984 passed by the Assistant Commissioner/Collector, Kasur dismissing him from service and order dated 7-5-1985 passed by respondent No. 2 may be set aside and he be reinstated in service with all back…

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