Law:

Section:

Punjab Removal From Service (Special Powers) Ordinance (IV of 2000)--------Ss. 3, 5, 11 & 12---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Appeal---Disciplinary proceedings were initiated against appellant under Punjab Civil Servants (Efficiency & Disciplinary) Rules, 1975 on the charge of misappropriation of huge quantity of wheat---Inquiry was conducted against appellant, show-cause notice was issued in terms of R.7-A of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 and he was dismissed from service---Validity---Disciplinary proceedings against appellant were initiated under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 at the time when said Rules had been repealed and Punjab Removal From Service (Special Powers) Ordinance, 2000 was enforced---Under S.11 of Punjab Removal From Service (Special Powers) Ordinance, 2000, provisions of said Ordinance, were to take effect and S.12 of the Ordinance had provided that all proceedings initiated on commencement of said Ordinance, in respect of matters and persons in service. provided for in said Ordinance, would be governed by provisions of said Ordinance and rules made thereunder---Since disciplinary proceedings could not be conducted against appellant under the repealed Rules, 1975, impugned order was set aside with direction to the Provincial Secretary to initiate disciplinary proceedings against appellant under Punjab Removal From Service (Special Powers)'Ordinance, 2000. Dr. Ehsan-ul-Haque Khan for the Appellant. Khadim Hussain Sindhu, D.A. and Khalid Mehmood, Section Officer, Food Department, Departmental Representative for the Respondents. Date of hearing: 23rd January, 2006. JUDGMENT JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).---The appellant who was serving as Foodgrains Inspector, Rahim Yar Khan when disciplinary proceedings were initiated against him under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 along with two other officers. The allegations levelled against him, as per the charge framed against him, were the following:- "(i) During the scheme years 1997-98 and 1998-99, he, in connivance with the other staff,…

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