Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Punjab Civil 'Servants (Efficiency and Discipline) Rules, 1975, Rr.2(1)(c) & 6---Removal from service---Civil servant was removed from service on charge that he had furnished fictitious school leaving certificate showing his educational qualification and date of birth ---Authority-cum­ Authorised Officer, directed initiation of disciplinary proceedings against civil servant, who was served with a show-cause notice---Civil servant contested proceedings by denying charge against him, but Authorised Officer acting himself as "Authority" awarded employee major penalty of removal from service---When same Officer acts simultaneously as "Authority" as well as "Authorised Officer" certain restrictions are imposed on his powers in matter of awarding penalty---Authority when acting as "Authorised Officer" can impose only a minor penalty and cannot himself award a major penalty for which he has to submit file to "Authority" with his recommendations. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ---Rr 2(1)(c) & 6---Major penalty---Awarding of---Safeguards to civil servant---Considerable safeguards have been conceived by rules in favour of civil servant before subjecting him to extreme punishment of dismissal or removal from service---Action has to be initiated by "Authority" by directing another officer (Authorised Officer) to proceed with it---Authorised Officer in his own place would decide whether or not he should look into matter by holding a formal enquiry---Enquiry Officer has to do his own bit by assessing evidence and making a report as to guilt or otherwise of civil servant---Such report would be sent to Authorised Officer who again would apply his mind to it to consider where minor or major penalty was called for---Authorised Officer, in case he considers major penalty was called for would forward his recommendations to "Authority" for appropriate orders in case of major penalty---Provisions of R. 2(1)(c) of a Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 could not be construed to mean that all those safeguards would be curtailed by authorising same officer…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492