Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ----R. 4--Civil servant--Misconduct, charge of--Mode and manner of dealing with civil servant dilated upon. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- -----R, 4--Punjab Service Tribunals Act (IX of 1974), S.4--Civil servant-­Commission of ordinary and harmless misconduct by civil servant--Competent authority had power to take disciplinary action where misconduct committed was ordinary and harmless and not to take action even for commission of fraud, forgeries and corruption--Discretion, however, was to be exercised judiciously-­Where authority had taken action against civil servant and inflicted the penalty of censure on facts admitted, Service Tribunal would be in no position to reduce the penalty so inflicted because penalty of censure was the lowest penalty--Service Tribunal however was of the view that penalty imposed upon civil servant should not cause an obstacle in the way of civil servant while considering. his promotion etc. JUDGMENT MIAN FAIZ KARIM (MEMBER).--The appellant Saeed Ahmad Oureshi, Deputy Director (Floods), has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order dated 16-9-1985 passed by the Chief Secretary, Government of Punjab, passed on departmental appeal while confirming the order dated 18-7-1985 of the Chief Engineer, Irrigation Department. The appellant has impleaded the Province of Punjab through Chief Secretary, the Chief Secretary, the Chief Engineer and the Secretary, Irrigation as respondents. 2. Through this appeal the appellant Saeed Ahmad Qureshi has prayed that the impugned orders dated 18-7-1985 regarding the infliction of the penalty of `Censure' and the impugned orders dated 16-9-1985 regarding confirmation of the penalty may be set aside. 3. Brief facts of the case are that during the posting of the appellant as Deputy Director/Executive Engineer (Floods) the appellant was charge-sheeted as follows:- (1) That he submitted his representation direct to the Governor/Minister for Irrigation and Power Department and the Cheif Secretary, Punjab, regarding re-employment of M/s. Jamil Asghar and…

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