Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ---Rr.5, 6 & 7---Stoppage of increment---Appellant was an Assistant Engineer in Public Health Engineering Department and was proceeded against for wilful absence from duty, unauthorised removal of official papers from office and for lodging a false First Information Report against his success-or---Appellant, as a result of inquiry was awarded penalty of stoppage of three increments with cumulative effect---Order of penalty was based on finding of inquiry, a copy of which had not been supplied to appellant in spite of his persistent demand--­Appellant complained about partial attitude of inquiry officer and request for his change as he did not expect justice from him---Inquiry Officer completed his report on 9-4-1988 and submitted it the very next date i.e. on 10-4-1988 which showed that he had already prepared same and he was in a hurry to submit it to authorised officer as he was being pressed by his superior to complete inquiry--­Inquiry Officer did not allow accused civil servant adequate opportunity to produce witness and relevant documents---Order of stoppage of increment was set aside in circumstances. Mir Muhammad's case P L D 1981 S C 176 and Abdul Razzaq Khokhar v. Province of Punjab 1990 S C M R 183 ref. I L R 2 Pb.11rel. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ---Rr.5, 6 & 7--Inquiry--Bias--Test--Absence of any bias could be proved by showing that fair procedure was adopted and adequate opportunity was given to accused civil servant of presenting his case before Enquiry Officer. Queen v. Rand 1866 O B 230 rel. (c) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ---Rr.5, 6 & 7--Inquiry Report, supply of---Even though provision of supply of enquiry report may not be mandatory or a statutory requirement, but it could be enforced on ground of fairness and avoidance of prejudice to civil servant. (d) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ---Rr.5, 6 & 7--Inquiry report, supply of---No distinction could be drawn between a case of major penalty and one of minor penalty for purposes of supplying inquiry…

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