| Case ID |
1752f3a3-a09f-4b0f-8829-d05c77172fd4 |
| Body |
View case body. Login to View |
| Case Number |
345/1870 of 1982 |
| Decision Date |
Oct 18, 1983 |
| Hearing Date |
|
| Decision |
The Tribunal varied the punishment awarded to Muhammad Hassan, who had been dismissed from service for misconduct related to tampering with Canal Khatunis. The inquiry found that the allegations against him were not proven beyond a reasonable doubt, particularly because he had not been allowed to cross-examine witnesses during the inquiry. The Tribunal concluded that the punishment was not in line with his level of guilt and varied it to a censure along with a stoppage of two increments for two years without future effect. The time spent out of service was treated as leave due. |
| Summary |
In the case of Muhammad Hassan vs. The Commissioner Multan Division, the Service Tribunal of Punjab addressed a dismissal based on alleged misconduct involving the manipulation of Canal Khatunis. This case emphasizes the importance of fair inquiry processes, including the right to cross-examine witnesses. The Tribunal found that the original inquiry did not substantiate the charges against Hassan and deemed the penalty of dismissal as excessively harsh. Instead, the Tribunal modified the punishment to censure and a two-year increment stoppage. This ruling highlights the critical balance between maintaining discipline in civil service and ensuring that due process is followed in disciplinary proceedings. Key terms include 'Punjab Civil Servants Rules', 'misconduct', 'due process', and 'disciplinary action'. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL,
JABBAR KHAN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Muhammad Iqbal Sargana,
A.G. Humayun
|
| Petitioners |
MUHAMMAD HASSAN
|
| Respondents |
THE COMMISSIONER MULTAN DIVISION, MULTAN,
Assistant Commissioner/ Collector, Depalpur
|
| Citations |
1985 SLD 1626,
1985 PLC 170
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
R.6
|