Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999------R.4---Constitution of Pakistan (1973), Art.212(3)---Reduction in rank---Spreading of epidemic of cholera due to contamination of water resulting, into 14 deaths---Civil servant, a Medical Officer in Municipal Committee also having additional charge of Officer of Health was charge-sheeted and awarded punishment---Service Tribunal accepted appeal of civil servant and set aside such punishment---Validity--­Water supply scheme was under the charge of Public Health Engineering Department which, was responsible for taking water samples---Civil servant had nothing to do with water supply scheme---Commissioner in his report had totally exonerated Health Department and found Public health Engineering Department responsible---Supreme Court dismissed petition and refused leave to appeal. Dr. M. Mohyuddin Qazi, Advocate Supreme Court and C.M Latif Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 24th December, 2003. JUDGMENT TANVIR AHMED KHAN, J---Leave to appeal is sought against the judgment dated 27-3-2003 of the Punjab Service Tribunal, Lahore whereby appeal filed by the respondent was accepted setting aside his punishment of his reduction in rank with a censure to him to be careful for his duties. 2. Facts briefly are that the respondent who was a Medical Officer in M.C. Bahawalpur was having an additional charge of the Officer of Health in June, 2000 in Islamia Colony, Bahawalpur. In one block, an epidemic of cholera spread which resulted into 14 deaths. An inquiry was conducted wherein it was determined that the epidemic spread due to contamination of water in the houses. The respondent was charge-sheeted whereafter he was awarded major penalty of reduction in the rank by five stages below his present place. 3. Being aggrieved, he filed a departmental appeal, which was rejected by the Chairman, Local Government Board. Then he filed an appeal before the Punjab Service Tribunal, Lahore which has been accepted as stated in the preceding paragraph. Hence, the petitioners/departments have filed this petition against the impugned judgment dated 27-3-2003. 4. We have considered the…

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