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Petitioner: MUHAMMAD SADIQ KHAN VS Respondent: PROVINCE OF PUNJAB
1992 P L C (C
1992 P L C (C.S.) 105
[Lahore High Court]
Before Muhammad Munir Khan, J
MUHAMMAD SADIQ KHAN
Versus
PROVINCE OF PUNJAB and 3 others
Writ Petition No.794 of 1990/BWP, heard on 13th April, 1991.
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---
----R. 4---Constitution of Pakistan (1973), Art.199---Major penalty of reduction in rank by one step imposed on petitioner---Validity---Evidence forming basis of findings arrived at by Inquiry Officer and accepted and acted upon by respondents having been recorded in a manner not warranted by well- established principles of law, entire proceedings including ultimate order of imposing major penalty stood vitiated---Enquiry Officer, having recorded evidence of witnesses in another case against another employee, had read out those statements to witnesses and got the same endorsed by them instead of recording their separate statements in petitioner's case, thus, adopting a procedure foreign to law---Inquiry Officer himself conceded in his report that charge framed against petitioner was defective; charge against petitioner was of misconduct while finding was that of inefficiency---Inquiry report was also based upon surmises and conjectures; Authorised Officer and the Authority had ignored the illegality committed by Inquiry Officer in recording statements of witnesses inasmuch as he read and relied upon the statements recorded in another case---Order of imposition of penalty imposed on petitioner was declared to be without lawful authority and of no legal effect.
Muhammad Jaffer Hashmi for Petitioner.
S.M. Rizvi, AA.-G. and Masood Ashraf for Respondents.
Date of hearing: 13th April, 1991.