Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------R. 4(1)(b)(i)---Punjab Service Tribunals Act (IX of 1974), S.4---Awarding penalty of reduction in pay scale---Appeal---Appellant, who was serving as Inspector Excise and Taxation, was awarded penalty of reduction in his pay scale after charge-sheeting him and holding inquiry against him on allegation of accepting illegal gratification---Appellant had explained that complainant who owed Rs.3500 as property tax, had handed over said amount to him with the request to get the same deposited in the Bank as complainant did not want to close his shot for doing the same---Inquiry Officer in his inquiry report had himself stated that allegations of accepting illegal gratification could not be established against appellant during inquiry proceedings---Inquiry Officer, however, had found appellant guilty of receiving tax in cash which was stated to be a violation of prescribed law or rules on the subject---Said charge was not mentioned either in the charge-sheet or in the statement of allegation levelled against appellant---Such was an afterthought as impugned penalty could not be awarded to appellant on that score---Practice of receiving amount of property tax from assessee for depositing in Bank, though was not warranted by law and rules on the subject, but such practice was wide spread in the Department---Appellant had also correctly pointed out that while imposing penalty of reduction in pay to the lower scale, neither the period for which the penalty of reduction in pay to the lower scale was to operate, had been mentioned in the impugned order, nor pay of appellant could be reduced to the minimum of the scale, as it was against the prescribed rules on the subject---Pay could be reduced to one stage lower and not beyond that---Penalty of reduction in pay to the lower stage awarded to appellant, could not be sustained---Impugned order whereby said penalty was imposed on appellant as well as impugned order whereby departmental appeal of appellant against said penalty was rejected, were set aside from the date of issue. 2005 SCMR 436 and 2003 PLC (C.S.) 1372 ref. Syed Hamid Hassan for Appellant. Manzoor…

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