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Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975------Rr. 4(1)(b)(i) & 6---Punjab Service Tribunals Act (IX of 1974), S. 4---Reduction to lower grade---Appeal---Major penalty of reduction to lower grade was imposed upon the appellant after issuing him show-cause notice, charge-sheeting him and holding inquiry against him on allegation of negligence in performing his duties---Appellant who was serving in B.S-17 for the last 19 years, was reduced from BS-17 to BS-11 on allegation of negligence for which he alone was not responsible---Very limited chances of promotion existed in Irrigation Department in which appellant was serving, and reduction to lower grade had deprived him of the only chance of promotion he could avail during his entire service---Penalty awarded to appellant was harsh as compared to his alleged negligence regarding lack of supervision of staff responsible for maintenance of canal bank where breach had occurred---Major penalty of reduction in rank to a lower grade was converted into minor penalty of censure as proposed by Authorized officer. Masood Ahmad Riaz and Khadim Hussain Khokhar for Appellant. Muhammad Ashiq Bhatti D.A. for Respondents. Date of hearing: 20th September, 2000. JUDGMENT Briefly stated, the facts of the case are that Malik Ilyas Ahmad, the appellant, S.D.O., along with others was proceeded against under Punjab Civil Servants (E&D) Rules, 1975 on the charge of not maintaining/strengthening of the banks of R.Q. Link in the area under his control. Consequently, due to his negligence and failure to properly strengthen the reach, on 3-12-1998 a breach occurred in the area of RD 65-RD75 link Canal and caused heavy damage to public and private property. The appellant was proceeded against under rule 6 (3) of Punjab Civil Servants (E&D) Rules, 1975 and he was served with show-cause notice. Considering his reply to show-cause notice, the Authorized Officer, on 20-3-1999 recommended that minor penalty of censure may be awarded to the appellant. The Authority served him a notice as to why punishment should not be enhanced and afterwards awarded him the major penalty of reduction to a lower grade. His review…

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