Law: Punjab Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,10

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ----Ss. 3, 5 10---Punjab Service Tribunals Act (IX of 1974), S.4---Compulsory retirement from service---Appeal against---Penalty of compulsory retirement from service was imposed on appellant after serving him show-cause notice and holding inquiry against him on allegations of absence from official duty, gross misconduct and corruption within the meaning of R.3(1)(b) (c) of Punjab Removal from Service (Special Powers) Ordinance, 2000---Appellant had contended that he had requested for medical leave for the relevant period---Departmental Authorities were supposed to get the verification of medical certificate and pass necessary orders on advice of Authorized Medical Attendant---Leave application was never considered and no orders were passed about acceptance of request submitted by the appellant---Inquiry Officer had himself admitted that the charge against appellant was partly proved---Validity---Appellant could not be penalized on the basis of charge of wilful absence partly proved---Competent Authority should have confirmed the misconduct of absence from record and facts---Inquiry Officer and penalty awarding authority had given the findings that benefit of doubt would go in favour of appellant and the charge of receiving of alleged misappropriated amount stood substantiated to some extent---Such were conflicting statements---On the basis of said conflicting and unconfirmed findings penalty could not be imposed on appellant---Other charge of receiving amount illegally by appellant was not proved because the complainant had not appeared to substantiate his claim---Appellant, in circumstances had been penalized without confirmation of evidences and record---Appellant was reinstated, in circumstances and intervening period was treated as leave of the kind due. Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)--- ----Ss. 3, 5 10---Punjab Service Tribunals Act (IX of 1974), S.4---Compulsory retirement from service---Appeal…

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