Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--Rr. 7 & 4---Constitution of Pakistan (1973), Art. 212---Enquiry---Penalty--­Disciplinary action against civil servant---Neither the statements of the witnesses in proof of the charge were recorded, nor nay opportunity to produce evidence in defence was given to civil servant, instead he was heard orally by the Enquiry Officer---Enquiry Officer had not determined as to whether or not the civil servant had acted in breach of any order, in terms of R.4, Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 and Authority had ordered directing the recovery of a heavy amount from him---Enquiry Officer, Authorised Officer and the predecessor of the Authority had given concurrent finding that the civil servant was not responsible for the shortage of wheat which was due to the natural causes beyond his control ---Authority had ignored the concurrent findings of three responsible officials and had substituted its own decision based on surmises and conjectures---Supreme Court, accepted appeal of the civil servant, set aside the order of Service Tribunal and remanded the case for fresh enquiry by the Enquiry Officer to be appointed by the Authorised Officer, in accordance with law and observations made by the Supreme Court in Mukhtar Ahmad Bhatti's case reported as 1992 SCMR 1864. Mukhtar Ahmad Bhatti v. Director Food, Punjab, Lahore and others 1992 SCMR 1864 ref. JUDGMENT MUHAMMAD MUNIR KHAN J.---During his posting as a Food grains Inspector at P.R.. Centre, Kotsamaba, District Rahimyar Khan in 1982-83; dam Manzoor Ahmad appellant purchased and stored 4412.560 tons of wheat. Subsequently, on the final clearance of the stock, wheat weighing 327.712 tons was found short. The department decided to.-proceed against the appellant under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The Food Controller, Rahimyar Khan (the authorised officer) framed the charge and communicated it to the appellant together with the statement of allegations requiring him to submit written defence within fourteen days of the receipt of the charge-sheet. The Assistant Food Controller, Rahimyar Khan, was…

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