Law:

Section:

Punjab Civil Servants Act (VIII of 1974)---------S. 10---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr. 4 & 5---Termination of service---Civil servant appointed on the recommendations of Punjab Public Service Commission, made representation to the Director of the Department that he be transferred anywhere else in Punjab because attitude of his seniors including Deputy Director was very harsh towards him, but his representation was rejected with warning to avoid such uncalled for representations in future---Subsequently on complaint of Deputy Director of the Department, services of civil servant were terminated under S.10 of Punjab Civil Servants Act, 1974 without conducting regular inquiry against him and without affording him opportunity to produce his defence---Civil servant who was in BS-16 was appointed by Secretary and Competent Authority to decide whether proceedings under rules were to be initiated against civil servant, was Secretary, but show-cause notice was issued to civil servant by Deputy Director without direction of Competent Authority which had proved that Deputy Director had exceeded his powers--­Order terminating services of civil servant which otherwise was mala fide, passed without conducting regular inquiry and without affording civil servant opportunity to produce his defence, was set aside and civil servant was re­instated in service. PLD 1974 SC 393 and PLD 1997 SC 1552 ref. Ch. Manzoor Ahmad for Appellant. Date of hearing: 15th March, 2002. JUDGMENT Briefly stated the facts leading. to the appeal are that on the recommendations of the Punjab Public Service Commission, the appellant was appointed as Survey and Drawing Officer (BS-16) in the Directorate of Industries and Mineral Development on 8-6-1998. 2. On 8-2-1999, the appellant made representation to the Director of Industries and Mineral Development Department, Punjab (through proper channel) that he may be transferred anywhere else in the Punjab because the attitude of the seniors is very harsh towards him. His representation was rejected on 25-3-1999 with the warning to avoid such uncalled representation in future. 3. On 13-8-1999, his explanation was…

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