Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 13---No person shall be punished twice for the same offence--­Penalty---Imposition of---Penalties of stoppage of one increment without cumulative effect and recovery of amount involved in case was imposed upon civil servant alleging him to have committed acts of misconduct and irregularities mentioned in charge-sheet---Enquiry report clearly showed that case against civil servant was of collective negligence as some other persons and Management were also at fault and no single person could be held responsible for alleged negligence and irregularities---Action against civil servant only in circumstances was quite unjustified when no action was taken against others who were also involved in case---Civil servant was served with a charge-sheet earlier but was acquitted by Inquiry Officer---Issuance of second charge-sheet on same allegations and consequent punishment after a lapse of about six years was also uncalled for as such a long delay in process of case against civil servant had negated action taken by Authority against civil servant---Civil servant could not be punished twice for same allegation and that also after such a long period of his acquittal by first Enquiry Officer. Abdul Razzaq Malik v. WAPDA PLD 1973 Lah. 188 and The Director-General (Field), Agricultural Department, Lahore and others v. Haji Abdul Rehman 1989 SCMR 1224 ref. Raja Muhammad Asghar Khan for Appellant. M. Javed Aziz Sandhu, Standing Counsel for Respondent. Date of hearing: 18th August, 1994. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER).---Appellant Zaigham Hussain Asghar has riled this appeal against the impugned Notification dated 3-3-1994, whereby penalties of stoppage of one increment without cumulative effect and recovery of an amount of Rs.5,21,242.27 have been imposed upon the appellant. 2. Brief facts are that in the year 1984, the appellant was working as Assistant Director (Civil) in Civil Works Section of National Training Bureau, Islamabad. 10% of total sanctioned amount of running bill of the contractors was used to be kept by the Drawing and Disbursing Officer (DDO) as security. One of the contractors M/s. Naeem Trading Company Ltd.…

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