Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975Rr. 6 & 18Suo motu revisional powerExercise of Lambardar was proceeded against and was removed from service on allegation of falsely identifying/verifying death of persons which led to attestation of wrong mutationCase of appeal by employee was remanded and he was proceeded departmentally and was reinstated after awarding of minor penalty of censureOrder awarding minor penalty upon employee had taken effect and was not appealed against by any partyAfter about five years from communication of order awarding minor penalty of censure which had taken effect and matter was closed, Board of Revenue had issued suo motu show­-cause notice to employee for enhancement of his punishment from the one earlier awarded to him Suo motu exercise of powers by Board of Revenue, in circumstances, was violative of second proviso to R.18(2) which had barred exercise of such power after lapse of period of three months from date of communication of punishment awarded to employeeReopening of matter after lapse of five years was too late in the dayOrder of Board of Revenue to issue suo motu notice for enhancement of sentence, was set aside being illegal. JUDGMENT Petitioner through this Constitutional petition has impugned the order dated 141991 whereby a suo motu showcause notice has been given to him by the Member (Revenue), Board of Revenue, Punjab, for the enhancement of penalty. Facts for the disposal of this writ petition are that one Malik Muhammad Jan appeared before Sultan Ahmad Halqa Patwari and made a report respecting the death of his father namely Naurang and his uncle Muhammad Hussain. On this statement at the instance of Sultan Ahmad Patwari the petitioner who was holding register of mutation at that time entered Mutations Nos. 18421843 on 3061985 in this regard. Aforementioned Sultan Ahmad who was also acting as Halqa Girdawar verified the same and these mutations were attested by Revenue Officer on 171985 on the basis of identification by Abdul Aziz Lumberdar of the said estate. However, subsequently it came to light that the aforesaid two persons were not dead and the disputed mutations were recorded in a…

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