Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--R. 4---Constitution of Pakistan (1973), Art. 212(3)---Misconduct--­Imposition of minor penalty of stoppage of one increment and non-posting of civil servant in any teaching hospital for period of five years---Civil servant's departmental appeal as also his appeal before Service Tribunal did not bear fruit---Validity---Civil servant's contention was that Service Tribunal was not properly constituted inasmuch as Office of second Member of Tribunal was vacant---Civil servant's appeal having been heard by two-member Bench and split verdict having been given, appeal could not have been dismissed it terms of opinion of Chairman. Service Tribunal---Such situation being of first impression and in view of difference of opinion between Chairman and Member of Tribunal, case required to he examined in depth by Supreme Court-Leave to appeal was granted to examine the contentions raised by civil servant. Syed Jamshed Ali. Advocate Supreme Court with S. Abut Aasim Jafri. Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 14th February, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---Petition seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 28-8-1993 dismissing his appeal against the penalty imposed on him. 2. Petitioner while posted as Medical Officer in Services Hospital, Lahore, was placed under suspension on 10-2-1986 on the allegation that he had attempted to molest the Lady Doctor Miss Atiya Anjum, House Physician on that day., A preliminary enquiry was held into the incident whereafter formal proceedings under the Punjab Civil Servants (E & D) Rules were initiated against the petitioner. He was served with a charge-sheet together with a statement of allegations and after obtaining his reply thereto, a regular enquiry was held into the matter by Deputy Director, Health Services. Lahore Division. The enquiry officer submitted his report. Thereafter. a show-cause notice was issued to the petitioner and he was also offered an opportunity of personal hearing. It appears that in the meantime, the Government had decided to proceed de novo in the matter and appointed…

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