| Case ID |
42eb43a0-b2ac-4b25-b71c-c9eebc39a64b |
| Body |
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| Case Number |
387/200 and 402/252 of 1985 |
| Decision Date |
Apr 07, 1986 |
| Hearing Date |
|
| Decision |
The Service Tribunal accepted the appeals of Ali Bahadur Tarar and Khalid Imran Khan, quashing the penalty of censure imposed upon them for alleged negligence during their tenure as Incharge Highway Division, D.G. Khan. The Tribunal found that the recommendations from lower authorities to waive the penalty were well-founded and that the Secretary to Government did not provide adequate reasons to deviate from these recommendations. The Tribunal emphasized the importance of adhering to procedural fairness and thorough examination of the facts before imposing penalties. Consequently, the Tribunal set aside the impugned orders and concluded that the appellants were not at fault, as the evidence presented supported their claims of being inadequately supplied with necessary resources for maintenance work. |
| Summary |
The case revolves around appeals filed by Ali Bahadur Tarar and Khalid Imran Khan against penalties imposed on them for negligence in their duties as Deputy Directors in the Punjab Highway Department. The Service Tribunal analyzed the procedural aspects of the disciplinary actions taken against them and found that the Secretary to Government of Punjab failed to provide compelling reasons for disregarding the recommendations of the Chief Engineer and other authorities. The Tribunal's decision underscored the significance of a fair hearing and proper documentation in disciplinary matters, ultimately leading to the reversal of the censure penalties. This case highlights the legal framework surrounding civil servant conduct and the procedural safeguards intended to protect their rights, particularly under the Punjab Service Tribunals Act and Efficiency and Discipline Rules. Keywords: Punjab Service Tribunal, negligence, civil servants, disciplinary action, procedural fairness, appeals, censure penalties, legal framework. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Punjab Highway Department,
Communication and Works Department
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
ABDUL HAMID CHAUDHRY,
MIAN FAIZ KARIM
|
| Lawyers |
Masud Ahmad Riaz,
A.G. Humayun
|
| Petitioners |
ALI BAHADUR TARAR,
KHALID IMRAN KHAN
|
| Respondents |
SECRETARY TO GOVERNMENT OF PUNJAB, COMMUNICATION AND WORKS DEPARTMENT
|
| Citations |
1987 SLD 1251,
1987 PLC 609
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
4,
4(1)(a),
6(3)
|