Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----8. 2(1)(c), second proviso---Removal from service-- -Functions of Authority and Authorised Officer---Distinction---Power of Authorised Officer to award penalty---tent---Same Officer acting as Authority as well as Authorised Officer removed civil servant from service on charge of distilling liquor in premises during his duty hours as Chowkidar---Combining together functions of two different Officers, Authority and Authorised Officer into one, was opposed to natural justice inasmuch as a serious prejudice was likely to be caused to accused civil servant who was deprived of opportunity of his case having been considered by two different Officers, Authority and Authorised Officer and such combination was not conducive to administration of fair justice---Allowing same Officer to act as complainant and then as a Judge, was not warranted by, natural justice---Power of Authorised Officer was limited to award in of minor penalty and he was not competent to award extreme penalty of removal against a civil servant without getting case examined by intervening Officers. Muhammad Nawaz v. Secretary, Agriculture 1981 PLC (C.S.) 194 and Ghulam Sabir v. Director, Food 1987 PLC (C.S.) 446 ref. M. Yasin Bhatti for Appellant. Javed Cheema, D.A. for Respondents. Date of hearing: 15th June, 1993. JUDGMENT AKHTAR HASSAN (CHAIRMAN): --The appellant Muhammad Ramzan was removed from service vide order dated 3-11-1990 on the charge of having been found distilling liquor in the premises of wheat godown during his duty house as Chowkidar. In the course of investigation into the case of FIR 35, dated 11-5-1990, PS Mananwala, District Sheikhupura the police raided the wheat godown at PR Centre Panwan. District Sheikhupura. The' appellant was caught red-handed while distilling liquor. He was challaned and ultimately he faced trial before the Criminal Court. However, he was acquitted. 2. On the departmental side, he was charge-sheeted. The same officer acted as Authority/Authorised Officer. An Inquiry Officer was appointed who reported that the charge was adequately proved against the appellant. On receipt of the inquiry…

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