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Petitioner: GHULAM SARWAR VS Respondent: DISTRICT JUDGE, JHANGHonorable Justice ABDUL HAMID KHAN
1992 P L C (C
1992 P L C (C.S.) 508
[Service Tribunal Punjab]
Before Abdul Hamid Khan, Member
GHULAM SARWAR and another
versus
DISTRICT JUDGE, JHANG and another
Appeals Nos. 969 and 970 of 1987, decided on 3rd January, 1991.
Civil service--
---Penalty---Major penalty of reversion was imposed on civil servant by Authority despite the fact that Enquiry Officer had submitted his findings to Authorised Officer with observation that prosecution accusing civil servants of illegal gratification had failed to prove charges levelled against them-- Authorised officer did not agree with Enquiry Officer and found civil servants guilty of gross misconduct and recommended to Authority imposition of major penalty---Authority accepted recommendations of Authorised Officer and imposed penalty of reduction of rank on civil servants---Authorised Officer before forwarding his recommendations to Authority, admittedly did not give any opportunity to civil servants to show cause against recommendations regarding penalty to be imposed on them which had prejudiced them in preparation of their defence as they were not aware of findings of Enquiry Officer at prescribed stage and of action proposed to be taken against them-- Even on merit no credible evidence was on record to sustain orders against civil servants---Case against civil servants admittedly having not been established, orders passed by Authority against civil servants were set aside and they were reinstated with all benefits.
Muhammad Iqbal for Appellants.
Ch. Manzoor Hussain D.A. for Respondents.
Date of hearing: 29th September, 1990.