Case Details

Citation(s)
1990 SLG 799 1990 SLD 799 1990 SCMR 810
Supreme Court of Pakistan
Civil Petition No. 88 of 1986, decision dated: 23rd July, 1989, hearing DATE : 23rd July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Hamid Khan, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.

ATTA MUHAMMAD

VS

DIVISIONAL FOREST OFFICER, RANGE MANAGEMENT DIVISION, CHAKWAL and others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-----Rule, 6(2)---Constitution of Pakistan (1973)---Art.212(3)---Leave to appeal--­Allegations against petitioner were fully proved even by inspection notes of officers far senior to petitioner prepared by them after short inspection---Such senior officer had no motive whatsoever to make false accusations against petitioner---Authorised officer, otherwise empowered to dispence with inquiry in light of facts of case or in interest of justice, held could not be said to have acted arbitrarily if he chose not to hold a full(ledged inquiry into allegations against petitioner---Service Tribunal thus rightly dismissed appeal of petitioner against order passed by Authority against petitioner---Petition for leave to appeal was dismissed. ORDER SAAD SAOOD JAN, J--The petitioner was a Forest Guard in charge of Chinga Beat in the Pabbi Forest Range. On the allegations that he had allowed illegal grazing in his Beat after charging grazing fee and had failed to report the full extent of damage caused to the trees in his Beat, disciplinary prceedings were taken against him and he was removed from service. He preferred an appeal before the Punjab Service Tribunal. It was allowed on the ground that the officer who had made the order of removal was not competent to do so. Consequently, he was reinstated in service and fresh disciplinary proceedings on the same charges were started against him. The Conservator of Forest, Range Management Circle, Lahore, was appointed as the authorised officer. He decided to dispense with the regular inquiry and served a show cause notice upon the petitioner. After hearing the petitioner and examining the record he found the petitioner guilty of involvement and connivance in illicit grazing and damage to the trees falling in his Beat; accordingly, he recommended his dismissal from service. The Chief Conservator of Forests who was the Authority in the case heard the petitioner and accepted the recommendation of the authorised officer. Accordingly, he made an order dismissing the petitioner from service. After availing of the departmental remedy which remained unsuccessful the petitioner…
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