Law:

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Punjab Civil Servants (Efficiency and Discipline) Ruler, 1975-------Rr. 3, 4 & 6---Reduction to a lower post---Penalty was imposed on the civil servant on allegation of receiving illegal gratification without holding any enquiry against him and affording him an opportunity of cross­ examining the witnesses---Authorities had acted in haste and under political will and whole case against the civil servant was full of doubts and was controversial---Order awarding penalty to the civil servant, was set aside, in circumstances. M. Mansoor Humayun for Appellant. Muhammad Ashiq Bhatti, D.A. for Respondents: Date of hearing: 12th October, 2000. JUDGMENT Briefly stated the facts of the case are that the appellant was working as Excise and Taxation Inspector, Kasur. On 18-1-1989 at 1.0-00 a.rn., the appellant alongwith Abdul Ghaffar Butt and Shaukat Ali, Clerks and Muhammad Farooq, Excise. Constable were surveying property at Ward No. 4, Kasur for the assessment of Property Tax. The men of Haji Sabir Ansari, Ex-MPA, Kasur took them to the Dera of Ex-MPA where many people have gathered. Ex-MPA asked them, why they were surveying the property and received illegal gratification from the owners. Ex-MPA called the Magistrate and Anti-Corruption Police. The appellant arid his colleagues were searched but nothing was recovered from them. The Ex-MPA and the public levelled the allegation that the appellant and his colleagues have received Rs.42,700 as illegal gratification. Muhammad larval-ud-Din Khan arranged Rs.42,700 which were paid to the Ex-MPA. The appellant and his colleagues were handed over to the Anti-Corruption Department where they remained till midnight but were released due to intervention of the local M.N.A. The amount of Rs.42,700 was, however, returned by Ex-MPA to Muhammad Jamal-ud-Din, Excise Inspector on the ground that no shopkeeper was willing to take it back. Proceedings under Punjab Civil Servants (E&D) Rules, 1975 were taken against them. The Authorised Officer - proceeded under rule 6(3) of Punjab Civil Servants (E&D) Rules, 1975 and issued show-cause notice to the appellant. The appellant denied the allegation but on the recommendations of…

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