Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 1040

[Service Tribunal Punjab]

Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member

BASHIR AHMAD BHATTI

versus

COMMISSIONER, MULTAN DIVISION, MULTAN and others

Appeal No. 40 of 1990, decided on 4th March, 1991.

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---

---R. 4---Suspension----Enquiry Officer found civil servant guilty of not mentioning a certain property in his annual declaration of assets----Authorised Officer observed that there could be some sort of negligence about charge on part of civil servant as such a simple warning to be careful in future would meet ends of justice, but despite such observation instead of administering proposed warning, minor penalty of cesure was imposed thinking that censure `meant simple warning'---While `censure' was a punishment, under Rules, 1975, simple warning was not punishment---Order of Commissioner, considering period of suspension of civil servant to be as extraordinary leave was not justified-- Suspension of service was itself not necessary as in any case enquiry against civil servant was departmental enquiry and not a criminal case where question of honourable acquittal or otherwise should arise----Orders of Authorities against civil servant were set aside with direction that period of suspension should be treated as period spent on duty.

Ch. Muhammad Sadiq for Appellant.

Ch. Manzoor Hussain, D.A. for Respondents.

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