Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------R. 6(3)---Punjab Service Tribunals Act (IX of 1974), S. 4---Removal from service---Civil servant was removed from service after issuing him show-cause notice on the ground that he had acquired service through bogus and illegal means---Reply of civil servant to show-cause notice was not considered and he was removed from service without assigning ground for dismissal---Validity---Removal from service was major penalty and called for proceedings under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 but such proceedings were not taken---No Authorised Officer was appointed and Authority had itself acted as Authorised Officer---If under R.6(3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 Authorised Officer decided that it was necessary to hold enquiry, he would inform the civil servant forthwith by order in writing of action proposed to be taken against him and grounds of action, but, in the present case before issuing show-cause notice said mandatory provisions were not complied with as neither charge-sheet was given to civil servant nor inquiry was conducted and civil servant also was not provided opportunity of cross-examining inquiry witnesses---Neither the name of the informer was mentioned by the Authorised Officer nor the said informer was examined by the inquiry Officer---Order of removal from service passed against civil servant was set aside in circumstances and he was ordered to be re-instated in service. M.A. Munir Pirzada for Appellant. Muhammad Ashiq Bhatti, District Attorney for Respondents. JUDGMENT Briefly stated the facts of the case are that the appellant was appointed as S.V. Teacher in Government High School Tahli Talbani, Tehsil Khairpur Tamewali, District Bahawalpur on 30-9-1993 after the selection by the District Recruitment Committee, Bahawalpur. On 15-3-1995, the appellant was given show-cause notice on the ground that he acquired service through bogus and illegal means. Vide impugned order dated 16-4-1995, the appellant alongwith 14 others were removed from service because they were not recruited according to merit policy. He preferred…

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