| Case ID |
0a0f064e-0442-41c1-8669-c5d012c56fe1 |
| Body |
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| Case Number |
426/1937 of 1982 |
| Decision Date |
Jun 29, 1983 |
| Hearing Date |
|
| Decision |
The appeal filed by Nasir-ud-Din, an ex-Patwari, has been accepted. The Tribunal found that the appellant was unjustly dismissed on corruption charges without a proper and thorough inquiry. It was determined that the appellant was not given a fair opportunity to defend himself during the preliminary investigation, which was deemed inadequate. The Tribunal emphasized that in cases involving corruption allegations, a regular inquiry is mandatory. Consequently, the Tribunal ordered the impugned dismissal orders to be set aside, and the case was remanded to the competent authority for a proper inquiry. The appellant is to be reinstated in service, and the period during which he was out of service will be treated as extraordinary leave without pay. |
| Summary |
In the case of Nasir-ud-Din, an ex-Patwari facing dismissal due to corruption charges, the Service Tribunal of Punjab ruled on June 29, 1983, that the dismissal was unjustified due to the lack of a proper inquiry. The Tribunal highlighted that the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, specifically Rule 6(3), mandates a comprehensive inquiry in cases of corruption. The appellant was not afforded the opportunity to adequately defend himself, which rendered the preliminary inquiry defective. The Tribunal's decision to remand the case for a fresh inquiry underscores the importance of due process and fairness in disciplinary actions against civil servants. This case serves as a precedent for ensuring that all employees are granted their rights to a fair trial within the administrative framework, especially in sensitive cases involving allegations of corruption. The ruling requires strict adherence to procedural norms to uphold justice and integrity within the civil service system. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Dr. Khalid Ranjha,
A. G. Humayun
|
| Petitioners |
NASIR-UDDIN
|
| Respondents |
COMMISSIONER, LAHORE DIVISION,
ADDITIONAL DEPUTY COMMISSIONER (CONSOLIDATION), SIALKOT,
ASSISTANT COMMISSIONER, SHAKARGARH
|
| Citations |
1984 SLD 1874,
1984 PLC 1429
|
| Other Citations |
1980 P L C (C. S.) 418,
1980 P L C (C. S.) 611,
1980 P L C (C. S.) 562,
P L D 1974 S C 393,
Case No. 564/1984 of 1981
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
R. 6 (3)
|