| Case ID |
00b1cc30-c14d-4197-b849-9453dc65d3ca |
| Body |
View case body. Login to View |
| Case Number |
4301 of 2014 |
| Decision Date |
Apr 14, 2017 |
| Hearing Date |
Apr 14, 2017 |
| Decision |
The appellate authority partially allowed the appeal, converting the punishment of removal from service into forfeiture of past service for a period of two years. The appellant was reinstated into service, and the intervening period was treated as leave of the kind due. The impugned orders dated 8.4.2014 and 29.9.2014 were modified accordingly. |
| Summary |
In the case of Muzaffar Hussain versus Senior Member, Board of Revenue, Punjab, Lahore and Another, Appeal No. 4301 of 2014, the Service Tribunal of Punjab deliberated on April 14, 2017, under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, specifically sections 5 and 9. The appellant, Muzaffar Hussain, was charged with inefficiency and misconduct related to the handling of inheritance mutations and the imposition of fake mutations by the patwari in connivance with private individuals. The appellant, serving as a Kanungo, was accused of being negligent in verifying inheritance mutations, which led to the unauthorized mutation of lands and the subsequent imposition of a major penalty of removal from service. The defense argued that the appellant acted in good faith, relying on previously recorded mutations and that the primary culpability lay with the patwari who orchestrated the fraudulent activities. The inquiry officer's report highlighted the appellant's negligence but attributed the main role of misconduct to the patwari. The appellate authority, led by Justice (R) Shoaib Saeed, partially upheld the appeal by mitigating the punishment from removal to forfeiture of two years of past service and reinstated the appellant. The decision emphasized the appellant's supervisory role and acknowledged the complexity of the fraudulent activities orchestrated by the patwari. This case underscores the importance of due diligence and thorough verification in administrative roles to prevent misuse of authority and ensure accountability within governmental departments. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Service Tribunal, Punjab,
Board of Revenue, Punjab
|
| Judges |
JUSTICE (R) SHOAIB SAEED
|
| Lawyers |
Mr. Masud Ahmad Riaz, Advocate Counsel for Appellant,
Mr. Muhammad Sarfraz Malik, D.A.,
Mr. Muhammad Adnan Khan, Senior Law Officer, Board of Revenue, DR for Respondents
|
| Petitioners |
MUZAFFAR HUSSAIN
|
| Respondents |
SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE AND ANOTHER
|
| Citations |
2018 SLD 377,
2018 PLJ 103
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Employees Efficiency, Discipline and Accountability Act, 2006
|
| Sections |
5,
9
|