Case Details

Citation(s)
1989 SLG 1606 1989 SLD 1606 1989 PLC 861
Service Tribunal, Punjab
Case No. 274/704 of 1986.
SARFRAZ HASAN, MEMBER-I
Muhammad Ata Ullah Qureshi for Appellant. Khurshid Akbar Cheema, Deputy District Attorney for Responden

SHABBIR AHMAD

VS

DEPUTY DIRECTOR FOOD, BAHAWALPUR REGION, BAHAWALPUR and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- JUGement ---Rr. 6 & 7--Punjab Service Tribunals Act (IX of 1974), S. 4--Civil servant-­Principles of natural justice, violation of--Condemnation without hearing--Effect-­Stoppage of one increment for a period of one year with cumulative effect, censure and withholding of civil servant's pay during suspension period-­Legality--Departmental proceedings against civil servant were not conducted in accordance with Efficiency and Discipline Rules, 1975 and he was not given reasonable opportunity to defend himself against the allegations on basis of which he was punished in the impugned order--Rules of natural justice were also ignored in respect of departmental enquiry against civil servant--Order of Authority awarding penalty to civil servant was thus set aside on acceptance of appeal. Shabbir Ahmed, Foodgrains Inspector, P.R. Centre Israni, Tehsil Hasilpur, District Bahawalpur has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded Deputy Director Food, Bahawalpur Region and Director Food Punjab as respondents Nos. 1 and 2 respectively. 2. By virtue of this appeal Shabbir Ahmed has prayed that impugned order No. FE-PF/790, dated 21-10-1985 passed by respondent No. 1 stopping one increment for a period of one year with cumulative effect, censuring him and withholding his pay during the suspension period may be set aside. 3. The facts of the case are that on 9-5-1985 the then Minister for Food Punjab paid a visit to P.R. Centre Israni where the appellant was posted as Foodgrains Inspector and during the visit of the said Minister, some one claiming to be Muhammad Hashim son of Noor Muhammad complained to the Minister that the appellant was demanding from him illegal gratification for supplying "Bardana" and wanted him to pay m kind a percentage of wheat supplied by him to the P.R. Centre. As a result of this complaint, the appellant and two other officials at the Centre were placed under suspension and vide his Office No. 332, dated 18-5-1985, the Deputy Director Food, Bahawalpur Region (Respondent No. 1) directed the District Food Controller,…
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