Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------R. 4---Constitution of Pakistan (19'73), Arts.13 & 199---Misconduct--­Order of withholding of increment of one year---Civil servant alongwith co-official was proceeded against on charge of misconduct and was imposed minor penalty of withholding of annual increments for one year and that order had attained finality ---Co-official who was imposed major penalty of removal from service, filed Constitutional petition against said order and case was remanded to be decided afresh---Authority constituted Enquiry Committee to make fresh enquiry into the matter which re-opened the case of civil servant as well and summoned him---Civil servant challenged the order of Enquiry Committee in Constitutional petition---Validity---Civil servant having been punished once by imposition of minor penalty -and that action having attained finality, by no principle of law same matter could be re­opened for purpose of imposing a higher penalty even on the ground that discovery of fresh material had pointed to the grave misconduct of civil servant---Initiation of fresh proceedings against civil servant on same facts and charges, was declared to be illegal by High Court. The Director-General (Field), Agricultural Development Bank, Lahore and another v. Haji Abdul Rehman 1989 SCMR 1224 ref. Malik Noor Muhammad Awan for Petitioner. Dr. M. Mohy-ud-Din Qazi for Respondents. Date of hearing: 12t1f November, 1999. JUDGMENT Petitioner, a Junior Clerk in the -respondent-Board was proceeded against on charges of misconduct alongwith his associates including, Muhammad Yousaf, Senior Clerk. After enquiry and other codal formalities, the petitioner, on 23-10-1997, was imposed minor penalty of withholding of annual increment for one year. This order, in so far as the petitioner is concerned, attained finality. Muhammad Yousaf, the co-official, r was imposed major penalty of removal. Muhammad Yousaf filed Writ Petition No. 24991 of 1997 on the ground that the order of removal is bad and even though appeal is competent before the Full Board, but because the Board is presided over by the Chairman himself who has passed the order of…

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