Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 3, 5, 6, 7 & 10---Punjab Service Tribunals Act (IX of 1974), S.4---Imposition of penalty of 'censure'-Appeal-Penalty of `censure' was imposed on appellants after charge-sheeting them and holding inquiry against them on allegation that a complaint filed by a complainant was forwarded to appellants for furnishing report within seven days, but they failed to submit report despite as many as 22 reminders---Authorities had taken an inconsistent stance as on the one hand Authorities had discredited even Inquiry Officer by saying that conclusions drawn by Inquiry Officer were not corroborated from record as regarded submission of report by one of appellants and on the other hand same inquiry report had been made the basis for awarding appellants penalty of `censure' and declaring two other co-accused as innocent---Charge-sheet itself was an inconsistent document as both appellants were found responsible for not responding to 22 reminders, whereas it was practically impossible because individual period of incumbency of appellants was not the same and both were not posted at the same time---Procedural lapses were committed by concerned Authorities perhaps, owing to some haste in punishing appellants---Appellants were not conveyed statement of allegations as per law---Record showed that required report was submitted by one of appellants, but was misplaced or was concealed by Secretariat staff---Said Secretariat staff was also_ responsible for not submitting report to Administrative Secretary in time---Impugned orders of imposing penalty on appellants having been found devoid of any legal and moral justification, were set aside in circumstances. Muhammad Siddique Chaudhry for Appellants (in Appeal No.1828 of 2004). Appellant in person (in Appeal No.1643 of 2004). Rana Muhammad Yasin, District Attorney for Respondents. Ijaz Halim Khan, Section Officer on behalf of Respondents Nos.1 and 2. Muhammad Aslam Sukhera, AETO, on behalf Respondent No.3. Date of hearing: 8th December, 2004. JUDGMENT MUHAMMAD AFZAL (MEMBER-I).---This single judgment shall also dispose of appeal No.1828 of 2004, since…

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