Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- ----R. 7-A--Major penalty---Imposition of---Civil servant was served with charge-sheet relating to his property allegedly acquired by him beyond his known means---Enquiry Officer was appointed who submitted his enquiry report--Authorised officer in the light of enquiry report recommended imposition of a major penalty upon civil servant and acting thereon, Authority by its order reduced civil servant by 2 steps in his time scale---Authorised Officer had failed to give civil servant an opportunity of hearing against his recommendation for imposing major penalty upon him besides his failure to furnish civil servant a copy of the report of Inquiry Officer---Record did not bear out if Authorised Officer issued notice to civil servant as contemplated by R. 7-A of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 and Authority in its order gave no reasons as to why civil servant should have been punished---Service Tribunal while accepting appeal of civil servant set aside the order imposing major penalty upon him. Akhtar Ali Monga v. Chief Secretary, Government of the Punjab, Lahore and 2 others 1993 PLC (C.S.) 1443 and Aslam Verik v. Secretary, P&D 1991 SCMR 2330 ref. JUDGMENT Muhammad Afzal Khan, was an Assistant Excise and Taxation officer, on 26-2-1992 when he was served with the charge-sheet of even date containing seven counts mostly relating to his property allegedly acquired by him beyond his known means. Mr. Ameer Khan, Excise and Taxation Officer was appointed as Inquiry Officer. In his reply to the charge-sheet refuted the charges but the Inquiry Officer submitted a report against him on 26-8-1992. The Authorised Officer recommended imposition of a major penalty upon him and acting thereupon, the Authority by its orders dated 10-6-1993 reduced him by 2 steps in his time scale. His departmental appeal failed and hence he brought the instant appeal. 2. Mr. Ghani, Advocate for the appellant pointed out at the outset that the Authorised Officer failed to give him an opportunity of hearing against his recommendation for imposing major penalty upon him besides his failure to furnish…

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