Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---Ss. 3(1)(c), 5(1)(a) & 6---Punjab Service Tribunals Act (IX of 1974), S.4---Reduction in ranks---Charge of corruption---Dismissal of civil servant's appeal by Service Tribunal---Validity---Inquiry proceedings conducted in absence of service of statement of allegations on civil servant would be void and nullity in eyes of law as civil servant was not confronted with them---Evidence recorded prior to regular inquiry, in absence of civil servant, would not be of any value as right of cross-examining witnesses had been denied to civil servant resulting in manifest injustice---Inquiry had not been conducted according to mandatory provisions of law so much so that even statement of allegation was not supplied to civil servant to meet charges---Supreme Court set aside impugned and directed reinstatement of civil servant with all back-benefits while giving liberty to department to initiate fresh inquiry in accordance with law, if so advised. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---The above captioned appeals, with the leave of this Court, filed by Muhammad Ismail Shahid and Muhammad Sharif, appellants, arise out of a common judgment, dated 16-3-2006 passed by Punjab Service Tribunal, Lahore, dismissing Service Appeals Nos.2612 and 2656 of 2005 preferred by the appellants. 2. Relevant facts of the case are, that while posted as Naib Tehsildar Settlement, Cantt. Lahore, appellant Muhammad Ismail Shahid demanded illegal gratification through his Reader appellant Muhammad Sharif, from one Muhammad Hussain, complainant, for attestation of mutations of complainant's land. A complainant was made to District Co-Ordination Officer, Lahore, in pursuance whereof disciplinary proceedings were initiated and appellants were served with charge-sheets. The replies of the appellants, having been found unsatisfactory, they were awarded penalty of reduction in their ranks from the post of Naib Tehsildar to Stenographer and from the post of Junior Clerk to Naib Qasid, respectively. Appellants filed departmental appeals which did not succeed. Appeals of the appellants before the Tribunal also met the same fate…

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