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Petitioner: SHAFQAT HUSSAIN SHAH VS Respondent: SUPERINTENDENT OF POLICE, FAISALABAD
1992 P L C (C
1992 P L C (C.S.) 14
[Service Tribunal Punjab]
Pres0ent: Muhammad Mehmud Aslam Pirzada, Chairman and Malik Abdul Aziz, Member
Syed SHAFQAT HUSSAIN SHAH
Versus
SUPERINTENDENT OF POLICE, FAISALABAD and 2 others
Appeal No. 295/891 of 1988, decided on 24th July, 1989.
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-
----R.4. --Punjab Service Tribunals Act (IX of 1974), S.4---Civil servant-- Charge of misconduct---Conversion of minor penalty into major penalty in departmental appeal---Validity---Punishment of forfeiture of two years approved service---Civil servant's punishment was converted into reduction in rank, in departmental appeal---Validity---Conversion of minor penalty into major penalty by Departmental Appellate Authority suffered from legal infirmity---Appellate Authority was under obligation to serve upon civil servant show-cause notice before imposing such major penalty---Order in question, thus, could not be allowed to stand---Case was remanded for passing justifiable order afresh from the stage, lacuna occurred.
Q.M. Salim for Appellant.
A.G. Humayun, District Attorney for Respondents.
Date of hearing: 11th July, 1989