Case Details

Citation(s)
1996 SLG 759 1996 SLD 759 1996 PLC 1051
Service Tribunal, Punjab
Appeal No. 617 of 1990, decision dated: 23rd February, 1991, hearing DATE : 14-02-1991
MUHAMMAD MAHMUD ASLAM PIRZADA, CHAIRMAN

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Maulvi ABDUL REHMAN

VS

CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE and another Maulvi ABDUL REHMAN Vs CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---- ----R.4---Dismissal from service---Action in violation of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975----Effect----Civil servant was dismissed from service on allegation of misconduct without providing him statutory opportunities of personal hearing--Orders of dismissal of civil servant from service, passed without following procedure laid down under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were totally void and illegal--­Orders of dismissal from service were set aside and employee was ordered to be re-instated in service with all back benefits. JUDGMENT Maulvi Abdur Rehman, Moazzan has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Chief Administrator Auqaf, Punjab and Administrator Auqaf, Bahawalpur District as respondents. By virtue of this appeal appellant has prayed that the impugned orders passed by respondents be set aside and the appellant. Reinstated in service. 2. The 'relevant facts for the disposal of this appeal ate that due to misconduct appellant was dismissed from service vide impugned order dated 21-11-1983 by the Authority (respondent No. 2). The appellant filed 'departmental appeal which was dismissed by respondent No. 1 as is evident from para. 5 of parawise comments furnished on behalf of respondent No. 1 hence this appeal. 3. I have heard the learned counsel for the parties lat length and perused the record with the assistance of representatives of the Department with care. 4. The main contention of the learned counsel for the appellant is that respondent No. 2 while conducting proceedings against the appellant has not followed the procedure as laid down in the Punjab Civil Servants (E&D) Rules, 1975 and hence impugned order is absolutely illegal and ultra vires. On the other hand, the learned counsel appearing on behalf of respondents opposed the appeal and relied upon the comments/report furnished by the department. The learned counsel further contended that appellant…
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