Law:

Section:

Service Tribunals Act (LXX of 1973)---------S.4---Government Servants (Efficiency and Discipline) Rules, 1975, R.6 (3)---Building and Roads Department Code, item No. 198--­Constitution of Pakistan (1973), Art.212 (3)---Penalty of reduction in time scale---Interference in departmental proceedings---Jurisdiction of Service Tribunal---Scope---Leave to appeal was granted by Supreme Court to consider, whether Service Tribunal interfered in departmental proceedings, whereby civil servants were found guilty for committing gross negligence and misconduct in advancing material to contractor, contrary to instructions/rules of the department contained in item No.2.98 of Building and Roads Department Code, according to which advances to contractor are prohibited except in some cases i.e. the advances in respect of finished work and advance payment for the work actually executed, etc. Muhammad Hanif Khatana Advocate Supreme Court and Rao M. Yousaf Khan Advocate-on-Record for Petitioners (in all cases). M. Asghar Khan Rokhari, Advocate Supreme Court and Faiz-ur-­Rehman, Advocate-on-Record for Respondents (in C.P. No.3775 of 2002). Respondents (in C.Ps. Nos, 3773-L of 2774-L of 2002) not represented. Date of hearing: 4th August, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---By means of instant order we intend to dispose of above listed petitions for leave to appeals as common judgment of the Punjab Service Tribunal, Lahore dated 15th August, 2002 has been assailed therein. 2. Precisely stating the facts of the case are that Secretary Communication and Works Department, after obtaining the necessary permission from the Chief Secretary, Government of the Punjab, initiated the disciplinary proceedings against the respondents and other officials; on the allegations that they mala fidely allowed payment of various items in the execution of a scheme titled as "construction of 125 bedded District Headquarters Hospital, Jauharbad Group No.1". It was subsequently reported that the contractor had taken away those items for which payment had been made and abandoned the contract thus causing financial loss to the Government. Secretary C&W while acting as authorized officer, dispensed…

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