Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------R. 4(I)(b)(iii)---Punjab Service Tribunals Act (IX of 1974), S.4---Compulsory retirement from service---Appellant serving as Naib Qasid in Revenue Department, was proceeded against and penalty of compulsory retirement was imposed on him on allegations of unauthorized absence from duty---Appellant had alleged that charge-sheet allegedly issued to him, was never served on him and he came to know when he received a notice of personal hearing---In view of nature of penalty imposed on appellant and nature of allegation levelled against him, it was incumbent upon the competent Authority to have provided to appellant sufficient time to file reply to charge-sheet, which was not done---Appellant was not allowed to produce evidence in his defence---Impugned order was set aside and matter was sent back to the Authority to order de novo inquiry in the matter and on basis of said inquiry to pass afresh order in the matter in accordance with law. Pervaiz Inayat Malik for Appellant. Khadim Hussain Sindhu, District Attorney for Respondents. M. Sajid, Naib Tehsildar Narowal for Departmental Representative. Date of hearing: 24th January, 2006. JUDGMENT JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).---The case of the appellant according to the memorandum of appeal is that he was serving as a Naib Qasid in the Revenue Department and while posted in the office of Respondent No.4 was assigned duties of collection of ' Abiana/agriculture tax. In connection therewith, he visited the area and collected ' Abiana' /agriculture tax and deposited the same in the Government treasury. In the meanwhile, disciplinary proceedings were initiated against him on the orders of Respondent No.2 and allegedly a charge-sheet containing the allegations of unauthorized absence from duty was issued to him. According to the appellant, the same was never served on him and the moment he came to know about the pendency of proceedings, he appeared before Respondent No.1 and explained his position. However, without considering his submissions and even without calling any report from Respondent No.4, Respondent No.2 proceeded to pass the impugned…

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