Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr. 4 & 7---Punjab Service Tribunals Act (IX of 1974), S.4---Imposition of penalty of stoppage of two annual increments---Appeal---Some persons had died as they had taken poisonous liquor being sold in the city---Allegations against appellant, who was Assistant Excise and Taxation Officer, was that he and co-accused had failed to exercise adequate vigilance to detect proliferative activities of licensees in the preparation of intoxicant material/liquor and that appellant and others had failed to take necessary measures to apprehend the culprits---Inquiry Officer, who held inquiry against appellant, recommended to drop proceedings against appellant as there was no evidence of connivance of appellant with culprits or any inefficiency on his part---Authority did not agree with the inquiry Officer and awarded impugned penalty on appellant---Validity---Discrimination was quite evident from impugned order---Appellant was not provided with adequate support-staff and other facilities to enable him to take effective measures against sale and use of illicit liquor in the area---District Officer i.e. Excise and Taxation Officer, who was supervisory officer, was also equally at fault, but he was not proceeded against---Matter basically fell within the jurisdiction of law and order Agencies---Preparation of illicit liquor was taking place in an area which was not the area under control of the appellant---No satisfactory reply was furnished by authorities on the point that death had taken place, as per report of Chemical Examiner due to excessive use of Methyl-alcohol and not use of liquor and that was not under control of Excise and Taxation Department---Inquiry Officer had stated that no charge was proved against appellant and he had not been found guilty---Accepting appeal impugned orders were set aside. Pervaiz Inayat Malik for Appellant. Rana Muhammad Yasin, District Attorney for Respondents. Sadaqat Shah for Excise and Taxation Inspector on behalf of Respondent No.2. Date of hearing: 8th March, 2006. JUDGMENT MUHAMMAD AFZAL (MEMBER-I).---Appellant is Assistant Excise and Taxation Officer (AETO),…

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