Case Details

Citation(s)
1990 SLG 1265 1990 SLD 1265 1990 PLC 98
Service Tribunal, Punjab
Appeal No. 291/900 of 1988, decided on 6th August, 1989.
MUHAMMAD MAHMUD ASLAM PIRZADA, CHAIRMAN AND MALIK ABDUL AZIZ, MEMBER
Ch. Mushtaq Ahmad Khan for Appellant. A.G. Humayun, District Attorney for
Respondents.

ABDUL SATTAR CHOHAN

VS

GOVERNMENT OF THE PUNJAB through Secretary, Communication and Works Department and another ABDUL SATTAR CHOHAN vs GOVERNMENT OF THE PUNJAB through Secretary, Communication and Works Department and another

Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6(3)---Punjab Service Tribunals Act.(IX of 1974), S. 4---Minor penalty of `censure' imposed on civil servant for misconduct---Civil servant's review application was rejected by the Authority and such rejection was officially communicated to him on 23-8-1981---Being fully aware of the outcome of his review petition. civil servant filed appeal before Service Tribunal on 3-5-1988 viz. after an inordinate delay of seven "years---No ground existed for condonation of delay for more than seven years in filing appeal---Appeal thus was liable to outright dismissal on the point of limitation alone. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6(3)---Punjab Service Tribunals Act (IX, of 1974), S. 4---Minor penalty of censure---Civil servant failing to point out and establish any factual and legal irregularity. either in the proceedings undertaken by the competent Authority against civil servant or in the impugned orders---Proceedings undertaken by Authority against civil servant being perfectly in order legally, consequential orders of censure were not exceptionable either on facts or on law---Appeal dismissed being devoid of substance and merit. JUDGMENT MALIK ABDUL AZIZ (MEMBER).--During 1980, when Abdul Sattar Chohan appellant was posted as Executive Engineer, Road Construction Division, Lahore the Governor's Inspection Team Punjab, inspected the execution of Raiwind-Chhanga Manga Road, found the work under his charge at certain places to be substandard and defective; and made a report in that behalf. In pursuance of that report a regular departmental enquiry was held into the matter by the Director, Road Research and Material Testing Institute, Lahore, who carried out further tests, gave the following findings in respect of the execution of the works in question and confirmed the following substandard work:-- Low compaction of- (1) Sub-grade (on the berm) in mile 11/1, 11/4 and 12/5. (2) Sub-base in mile 12/2. . (3) Base course in mile 12./3. (4) Sub-grade (under the pavement) 11/3,11./4 and 12/5. (5) Sub-grade (in the berm) in mile 11/1, 11/4 and 12/5. (6) Sub-base…
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