Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- ---R. 6(3)--Punjab Service Tribunals Act (IX of 1974), S. 4--Removal from service for misconduct--Removal on basis of show-cause notice without conducting regular enquiry--Legality of--Civil servant was not given a reasonable opportunity to defend himself and in the conduct of departmental proceedings against him, rules of natural justice and law laid down by superior Courts were ignored--Order of removal from service was set aside with option to Authorities to start fresh enquiry against him if necessary, in accordance with provisions of Efficiency and Discipline Rules, 1975. Siddique Javed Chaudhry v. Government of the Punjab P L D 1974 S C 393 and Muhammad Sardar Khan v. Sr. Member (Estt.) Board of Revenue 1985 S C M R 1062 ref. Masud Ahmad Riaz for Appellant. JUDGMENT Javed Akhtar, Ex-Food-grains Supervisor, Faisalabad has filch this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has undecided the Deputy Director Food, Sargodha Region, , and Director Food. Punjab as respondents Nos. 1 and 2 respectively. 2. By virtue of this appeal Javed Akhtar has prayed that impugned order dated 8-2-1983 removing him from service and impugned order dated 19-10-1985 rejecting his appeal be set aside. 3. The facts of the case are that on 2-2-1982, the District Food Controller, Faisalabad issued the following show-cause notice against the appellant in his capacity as Authorised Officer:- "According to the F.I.R. No. 306, dated 29-12-1981 you Mr. Javed Akhtar during your posting as Food-grains Supervisor at Buchiana committed the following irregularities of serious nature- (1) that you attempted to remove 17 bags of wheat unauthorisedly with ulterior motive from Government Godowns, Buchiana P.R. Centre on 29-12-1981 in the absence of Mr. Ghulam Rasool, Food-grains Inspector. (2) that on demand of Muhammad Shafi and Muhammad Rafique Chowkidars of the said P.R. Centre you could not produce any Gate Pass or authority of the said stocks. (3) that on receipt of information through Abdul Sattar, Sweeper the Food-grains Inspector, Incharge Mr. Ghulam Rasool, reached at the spot and found the…

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