Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Rr. 4 & 5---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Civil servant was dismissed from service on charge of making bogus document in record by removing original document---Civil servant was exonerated in the first enquiry as charges against him were not proved, but in de novo inquiry held by complainant himself, civil servant was found guilty of the charges---De riovo inquiry was held against the civil servant ex parte without recording any evidence and civil servant was not heard in person---Validity---Duty of Inquiry Officer, in case of ex parte proceedings,' was to record the statements of witnesses and. place the documentary evidence on record and to base his findings on such oral or documentary evidence which he .failed to do---Facts had to be proved and not presumed particularly for awarding major penalty of dismissal from service---Case against civil servant being of no evidence, he could not be dismissed from service on finding of Inquiry Officer who was interested and prejudiced being himself a complainant. 1992 PLC (C.S.) 341 ref. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----Rr. 5 & 7---Departmental proceedings---Police investigation and proceedings under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 were quite different and had no bearing on each other. Ch. Imtiaz Mahmood for Appellant. Muhammad Ashiq Bhatti, District Attorney for Respondents Date of hearing: 1st November, 2000 JUDGMENT Appeal under section 4 of Punjab Service Tribunals Act, 1974 against order dated 10-7-1998 vide which the appellant was awarded the major penalty of dismissal from service. Briefly stated the facts leading to the appeal are that on 29-8-1996, Maj. Azmat Gulraiz son of Mirza Mahboob Alain resident of 33-Defence Lahore Cantt. presented certified copy of sale-deed No. 11513 dated 16-9-1990, before Mr. Tariq Mahmood, Sub Registrar, Lahore for verification as to, its correctness or otherwise. The said copy was issued by Muhammad Sharif Mewati, I.C. on 22-8-1996, who was working as record keeper in the Registration…

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