| Citation(s) |
|---|
| 2005 SLG 879 2005 SLD 879 2005 PLC 364 |
Service Tribunal, Punjab
Appeal No.295 of 2001, decision dated: 19-04-2004.
MUHAMMAD AFZAL, MEMBER-I
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Appeal No.295 of 2001, decision dated: 19-04-2004.
MUHAMMAD AFZAL, MEMBER-I
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Sheikh SAJJAD RIAZ
VS
SENIOR MEMBER BOARD OF REVENUE/SECRETARY, GOVERNMENT OF THE PUNJAB, REVENUE DEPARTMENT, LAHORE and another
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Ss. 3, 4(1)(b)(iv) & 5---Punjab Service Tribunals Act (IX of 1974), S. 4---Dismissal from service---Appeal---Appellant serving as Consolidation Officer was dismissed from service after charge-sheeting him' on allegations of -certain illegalities and irregularities in consolidation proceedings---Evidence on record though had established that drawbacks were in consolidation proceedings, but main responsibility for those deviations rested with the Patwari, who was reported to have been sentenced on account of forgery and other charges---Appellant appeared to have done his supervisory work as Consolidation Officer properly, except that he had not been vigilant enough as Supervisory Officer---Contention of appellant that Patwari had tampered with record and he had forged signatures of appellant, had not been rebutted by Authorities---Proceedings under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 were not properly conducted as ADC (G) could not act as Authorized Officer under said Rules because the Scheme of Authorized Officer did not exist in said Rules--Examination of contentions of appellant as well of those of respondents had proved that no loss was actually caused by appellant and no ulterior motive could be attributed to him---Unfortunately appellant was not involved in any mischief and his past 14 years unblemished service record had also shown that he could not be expected to involve himself in any malpractices ---Fact however, remained that appellant had shown some slackness in his supervisory role, but on the basis of such slackness appellant could not have been awarded a major penalty---Minor penalty of "censure" was considered sufficient on account of some inefficiency on part of appellant---Accepting appeal, penalty of dismissal from service was converted into that of `censure'---Appellant was directed to be reinstated accordingly. Dr. Ehsan-ul-Haq Khan for Appellant. Rana Muhammad Yasin District Attorney and Zahid Iqbal Assistant for Respondent No.1. Date of hearing: 6th April, 2004. JUDGMENT Appeal brings in challenge the impugned orders dated 13-9-2000 vide which…
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