| Case ID |
162951fd-423d-4422-82c8-2d42bb85fefd |
| Body |
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| Case Number |
Appeal No. 606/1055 of 1986 |
| Decision Date |
Mar 10, 1986 |
| Hearing Date |
Mar 10, 1988 |
| Decision |
The appeal was accepted, and the case was remanded to the Respondent No. 1 for initiation of proceedings in accordance with the law. The Tribunal found that the disciplinary proceedings against the appellant were conducted in a manner that materially prejudiced his defense. The appellant was denied a fair hearing and the opportunity to cross-examine witnesses. The order imposing a penalty was set aside, emphasizing that the proper procedures outlined in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 were not followed. The Tribunal highlighted the importance of adhering to legal protocols to ensure justice and fairness in disciplinary matters. |
| Summary |
In the case of Muhammad Zalmeer Khan vs. Chief Engineer, Irrigation, Multan, the Service Tribunal of Punjab addressed significant procedural irregularities in the disciplinary actions taken against the appellant, a Sub-Engineer. The Tribunal found that the appellant was subjected to a penalty without proper adherence to the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The proceedings were criticized for lacking a fair hearing and due process, as the same individual acted as both the prosecutor and judge. The Tribunal underscored the necessity for transparency and fairness in administrative actions, especially in cases involving civil servants. This case serves as a pivotal reference for ensuring compliance with established legal frameworks in disciplinary proceedings, reinforcing the rights of government employees to a fair hearing and due process. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Irrigation Department,
|
| Judges |
Ihsanul Haq Chaudhry,
Kh. Muhammad Yusuf,
Ch. Abdu1 Rashid
|
| Lawyers |
Masud Ahmad Riaz,
Shafiq Gill, D. D. A.
|
| Petitioners |
Muhammad Zalmeer Khan
|
| Respondents |
,
Chief Engineer, Irrigation, Multan
|
| Citations |
1988 SLD 1251,
1988 PLC 668
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
4,
5,
6
|