| Case ID |
2b5b9aa0-61c8-425d-95e6-7dc6baf2e32a |
| Body |
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| Case Number |
Case No. 49 of 1976 |
| Decision Date |
Jun 08, 1978 |
| Hearing Date |
|
| Decision |
The appeal was rejected on the grounds that the charge-sheet issued by the Secretary of the Department was valid, and the proceedings followed were lawful. The Tribunal held that the appellant was duly notified of the charges against him, and the actions taken by the Governor were within his authority. The contention that the charge-sheet was invalid due to it being issued by an incompetent authority was dismissed as the appellant was ultimately given a fair chance to defend himself. The Tribunal also found no merit in claims of mala fide against the investigating officer, as the evidence presented did not substantiate the allegations of bias or misconduct. Thus, the decisions made by the Governor regarding the removal from service and subsequent penalties were upheld. |
| Summary |
The case revolves around the disciplinary proceedings against Muhammad Akbar, a Senior Class I Officer in the Irrigation Department, who faced allegations of misconduct and corruption related to over-payments in the execution of canal repair works. The Service Tribunal of Punjab examined the validity of the charge-sheet issued by the Secretary of the Irrigation Department and determined that it did not prejudice the appellant's rights. The Tribunal ruled that the Governor's orders for the inquiry and subsequent disciplinary actions were legally sound and did not violate the Efficiency and Discipline Rules. This decision highlights the importance of procedural adherence in administrative law and reinforces the authority of appointing authorities in disciplinary matters. Keywords: administrative law, disciplinary proceedings, misconduct, efficiency and discipline, Punjab Service Tribunal. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhary (Chairman),
Khalid Faruq (Member)
|
| Lawyers |
Dilawer Mahmood,
A. G. Humayun
|
| Petitioners |
Muhammad Akbar
|
| Respondents |
3 Others,
Governor of Punjab
|
| Citations |
1979 SLD 901,
1979 PLC 58
|
| Other Citations |
P L D 1958 Pesh. 53,
Law Notes 1969 Quetta 16,
P L D 1966 S C 253,
P L D 1968 S C 112,
P L D 1977 S C 182
|
| Laws Involved |
West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
6-A,
8,
4
|