Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-----------R. 7-A---West Pakistan Land Revenue Act (XVII of 1967), Ss.42 & 166---Constitution of Pakistan (1973), Arts. 13(a) & 212(3)---Dismissal of civil servants from service who were Naib Tehsildar, Kanungo and Patwari on the ground of misconduct---Charge against the civil servants was that on the basis of an ex parte decree passed by a Civil Judge, they proceeded to sanction the mutation of the land in possession of Public Works Department, and Police Department of the Provincial Government, in favour of decree-holder, without the permission of District Collector, and thereby, with ulterior motives and mala fide intention, caused loss to the Government---Leave to appeal was granted by the Supreme Court inter alia to consider the questions as to whether the petitioners who were subjected to two inquiry proceedings wherein they were exonerated from the charges, could be subjected to de novo inquiry for the third time without recording valid reasons; whether petitioner, who, after show-cause notice was awarded-minor punishment of withholding of two increments which, was not challenged by him, could be proceeded against on "the same allegations again and awarded major penalty in violation of Article 13(a) of the Constitution of the Islamic Republic of Pakistan; whether the petitioners were not bound under section 42 of the West Pakistan Land Revenue Act, 1967 to enter and sanction the mutation in accordance with the and decree of the Court which was not ex parte, and whether any executive instructions regarding the entry and sanctioning of mutation could override statutory provisions; whether the petitioners against whom allegation of corruption or mala fide acts had not been proved at all and admittedly no loss had been caused to the Government, they could be imposed maximum major penalty of dismissal from service or ends of justice would have met by imposing minor penalty as alleged misconduct was entry and sanction of the mutation on the basis of a Court decree without proper approval of the Collector; whether the exoneration of the petitioner twice in the findings of the inquiries…

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