Full Judgment Text & Judicial Ruling

1984 P L C (C

1984 P L C (C. S.) 1526

[Service Tribunal Punjab)

Present : S. Abdul Jabbar Khan, Chairman, Malik Zawwar Hussain and Abdul Hamid Chaudhry, Members

MUHAMMAD RIAZ SHAHID

versus

THE ASSISTANT COMMISSIONER, BAHAWALNAGAR AND 2 OTHERS

Case No. 788/1234 of 1980, decided on 12th October, 1982.

Civil service‑--

‑‑ Termination of service‑Candidate Patwari guilty of misrepre sentation and forgery‑Order terminating services after affording personal hearing, held, valid.

Naveed Saeed Khan for Appellant.

Haroon‑ur‑Rashid Cheema, District Attorney for Respondents.

JUDGMENT

S. ABDUL JABBAR KHAN (CHAIRMAN).‑ Muhammad Riaz Shahid, ex- Patwari has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Assistant Commissioner, Bahawalnagar, the Commissioner, Bahawalpur Division Bahawalpur and the Member, Board of Revenue, Punjab, Lahore as respondents.

2. By virtue of this appeal he has prayed that impugned order dated 24th December, 1979 passed by the respondent No. 1 by which his services were terminated and the appellate order dated 3rd April, 1980 by which the appellant was dismissed by respondent No. 2 and the revision order dated 23rd November, 1980, by which the revision order rejected by respondent No. 3 be set aside.

3. Brief facts of the case are that the appellant was appointed in consolidation Operations of Tehsil Bahawalnagar, vide order, dated 28th January, 1976. On 13th January, 1979 the appellant was transferred from the Consolidation Operation Scheme to Revenue side in Tehsil Babawalnagar. A proceeding was initiated against him and be was called upon to appear before the Assistant Commissioner/ Collector on 19th November, 1979. A complaint against him was made by a candidate of Bahawalnagar that the appellant being permanent resident of Minchinabad Tehsil had fraudulently got enlisted his name in Bahawalnagar Tehsil and thus he secured his entry into service. He was found absent from duty on 19th November, 1979 for duty on which he was called upon to appear before the Assistant Commissioner /Collector. Further allegation was that he abducted a lady and thus he was suspended on that charge. He was removed from service by the Assistant Commissioner. After he was heard in person and when it was found that he was not resident of Bahawalnagar Tehsil his services were terminated. His appeal to the Commissioner, Bahawalpur Division, Bahawalpur and revision to the Member, Board of Revenue, Punjab, Lahore were dismissed. Hence this appeal.

4. We have heard the learned counsel for the appellant as well as the learned District Attorney assisted by the representative of the Department and perused of the record of this case very carefully.

5. The learned counsel for the appellant has mainly based his case on audi alteram partem and has contended that the appellant was neither guilty of kidnapping of a woman nor was absent without leave and his services could not be terminated in this arbitrary manner which has been adopted by the Assistant Commissioner.

6. The crux of the matter is whether the appellant has some locus stand to be proceeded against under Efficiency and Discipline Rules or not. The status of the appellant is that of a person who is candidate Patwari and his name could be removed by the Assistant Commissioner) Collector when it was found that he had come on the list due to manipula tion and by an act of forgery. It is apparent from the Khasara Gurdawari pertaining to Kharif 1969 to 1973 that his name was there in the revenue record in the Rabi 1972, but the record further reveals that this was full of cuttings and the same has been interpolated with different writing and different ink. The enquiry conducted by Naib‑Tehsildar, Bahawalnagar, dated 20th June, 1979 is in detail and has dealt with this aspect of the case completely. The appellant was given a show‑cause notice and the same was received by him. The appellant absented himself, claiming that he was on leave on the said date of appeal, but the record proves to the contrary, as the said leave was cancelled by the Tehsildar. The learned Commissioner, Bahawalpur including Member, Board of Revenue. Punjab, Lahore have decided this case after hearing the appellant and no exception can be taken to these orders when it has been established on the record that he was just a candidate and his name could be removed by the Collector when he was satisfied that his entry into in the register of candidates Patwaris was due to misrepresentation.

We therefore, find no merit in this appeal which is dismissed accordingly. However, there will no order as to costs.

M. I. Appeal dismissed.

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