Case Details

Citation(s)
2004 SLG 1522 2004 SLD 1522 2004 PLC 524
Service Tribunal, Punjab
Appeal No.2712 of 2002, decision dated: 6-02-2003.
MUHAMMAD AFZAL, MEMBER-II,

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ABDUL REHMAN ZULFIQAR

VS

SECRETARY EDUCATION GOVERNMENT OF THE PUNJAB, SCHOOLS EDUCATION DEPARTMENT, CIVIL SECRETARIAT, LAHORE and 3 others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Rr.3, 4 & 7---Dismissal from servile on allegation of misconduct--­Civil servant was dismissed from service after serving him show-cause notice, but without holding inquiry against him on allegation of misconduct---Allegations against accused were that he remained wilfully absent from duty; that he did not comply with relieving orders after his transfer; that he did not hand over valuable articles of school in spite of his transfer and that he used political pressure for cancellation of his transfer---Facts regarding alleged misconduct of civil servant were controversial and to resolve controversy about his wilful absence, regular inquiry could not have been dispensed with---Substantial opportunity was not given to civil servant to defend himself and he was not given even personal hearing before, passing dismissal order against him by the Authority---Allegations against accused were vague and non-specific--­Case was remanded to Authority for fresh proceedings against civil servant including regular inquiry on specific allegations---Order of dismissal passed against civil servant was set aside and he was reinstated to face fresh proceedings. 2000 SCMR 1868 ref. Pervaiz Inayat Malik for Appellant. Rauf Ahmad Insari, Litigation Officer D.R and Rana Muhammad Yaseen, District Attorney for Respondents. Date of hearing: 6th February, 2003. JUDGMENT The appeal assails the impugned order dated 17-6-1999 of dismissal from service of the appellant as well as order of rejection of his departmental appeal dated 27-11-1999 and thereafter, orders of rejection of his revision petition dated 22-10-2002 under section 4 of the Punjab Service Tribunals Act. 2. The appellant is primary school teacher who was forced to resort to litigation including writ petitions in the Lahore High Court for the cancellation of his transfer. He first filed Writ Petition No.9788 of 1997. Thereafter he filed another Writ Petition No.8521 of 1998 against the orders dated 24-4-1998 regarding his transfer. The appellant states that status quo was allowed by respondent No.3 in the light of proceedings in the High Court and,…
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