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Petitioner: ABDUL KHALIQ KHAN VS Respondent: DIRECTOR FOOD, PUNJAB, LAHOREHonorable Justice ABDUL HAMID KHAN
1992 P L C (C
1992 P L C (C.S.) 1086
[Service Tribunal Punjab]
Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
ABDUL KHALIQ KHAN
versus
DIRECTOR FOOD, PUNJAB, LAHORE and 2 others
Appeal No. 234 of 1990, decided on 1st December, 1990.
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---
---R. 7-A---Penalty, imposing of----Penalty of recovery of amount for loss of wheat allegedly caused due to negligence and lack of proper care of civil servant who was Foodgrain Inspector, was imposed on civil servant-- Mandatory provisions of Rule 7-A of Rules, 1975, admittedly had not been complied with by Authorised Officer as before forwarding his recommendations to authority concerned, no opportunity was afforded to civil servant to offer his explanation against said recommendations, which had rendered proceedings against civil servant invalid---Civil servant having been prejudiced in his defence before Authorised Officer and thereafter before Authority by not providing requisite opportunity of being heard at proper stage, such deviation from prescribed procedure by Authorities had vitiated proceedings and orders passed against civil servant---Order passed against civil servant was set aside and case remanded for decision afresh in accordance with law.
Mir Muhammad v. N.-W.F.P. Government PLD 1981 SC 176 and Faiz Muhammad Malik v. Director Food, Punjab 1988 PLC (C.S.) 325 ref.
Ch. Parmoon Bashir for Appellant.
Ch. Manzoor Hussain District Attorney for Respondents.
Date of hearing: 10th October, 1990.