Law:

Section:

Government Servants, (Efficiency and Discipline) Rules, 1973-------Rr. 6 & 7---Constitution of Pakistan (1973) Art.199---Constitutional petition---Inquiry proceedings---Enquiry Officer sent charge-sheet to the civil servant through another civil servant who reported that civil servant had refused to receive the same---Enquiry Officer after the report, had made no effort to serve the charge-sheet on civil servant through registered post or through proclamation---Effect---Enquiry proceedings conducted by the Enquiry Officer could not be considered to. be valid proceedings---Enquiry report was. set aside with direction to serve the charge-sheet upon the civil servant in accordance with law and then to proceed further in the matter. Mumtaz Hussain Bazmi for Appellant. M. A. Farazi and Rasheed Ali Akhtar, D.F.O. for Respondents. Date of hearing: 24th April, 2001. JUDGMENT Briefly stated the facts are that the petitioner served as a Camel-man to the Forest Department, Cholistan Range and was retired compulsorily on 28-11-1998 on the charge of wilful absence from duty. After retirement he applied for pension. After usual formalities Pension Payment Order (PPO) was issued on 25-8-1999 by the office of the Accountant-General, Punjab. The petitioner's gratuity was calculated Rs.95,620.48 out of which a sum of Rs.51,763 was withheld and resultantly a sum of Rs.43,857 was paid to the petitioner. Feeling aggrieved of the said decision, he filed Writ Petition No.876 of 2000 which was disposed of vide order dated 26-4-2000 whereby, the respondent was granted a period of one month to finalize the appeal filed by the present petitioner. Instead of finalizing the appeal the Conservator of. Forest Range Management, Lahore ordered the holding of inquiry under E&D Rules vide order dated 31-5-2000. The instant writ petition has been filed for seeking an annulment of said order and for the payment of amount withheld by the department. 2. Comments have been called and placed on record. 3. Arguments have been heard and record perused. 4. It is evident from the comments offered by the department that after order dated 31-5-2000 Khizar Hayat Minhas, D.F.O., Range Management…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492