| Case ID |
ba20d86f-27a3-4e55-b560-102a28238620 |
| Body |
View case body. Login to View |
| Case Number |
295 of 2001 |
| Decision Date |
Apr 19, 2004 |
| Hearing Date |
Apr 06, 2004 |
| Decision |
The Service Tribunal, Punjab, in Appeal No.295 of 2001, dated 19-04-2004, reviewed the dismissal of Sheikh Sajjad Riaz from his position as Consolidation Officer under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999. The Tribunal found that while the appellant exhibited some slackness in his supervisory duties, the evidence did not support the severity of dismissal. Notably, the primary responsibility for the consolidation irregularities lay with the Patwari, who was convicted of forgery and other charges. The Tribunal concluded that the appellant had maintained an unblemished service record over 14 years and had not been directly involved in any malpractices. Consequently, the Tribunal converted the penalty from dismissal to a minor penalty of 'censure' and ordered the reinstatement of the appellant with the intervening period treated as leave. This decision underscores the importance of thorough investigation and fair assessment of responsibilities within public service roles. |
| Summary |
In Appeal No.295 of 2001, adjudicated by the Service Tribunal, Punjab, Sheikh Sajjad Riaz challenged his dismissal from the position of Consolidation Officer under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999. The appellant was accused of being involved in illegalities and irregularities during land consolidation proceedings in District Lodhran. Central to the case was the fraudulent activity of Abdul Rasheed Patwari, who manipulated consolidation records and was subsequently convicted for forgery. Despite the allegations, evidence indicated that the appellant had diligently performed his supervisory duties, with the primary deviations attributable to the Patwari. The appellant maintained an impeccable 14-year service record and contested the legitimacy of the departmental proceedings, highlighting procedural flaws such as the unauthorized role of ADC (G) in the inquiry process. The Tribunal, upon reviewing the arguments and evidence, recognized the appellant's non-involvement in malpractices and the lack of substantial loss or malintent on his part. Acknowledging minor inefficiencies in his supervisory role, the Tribunal deemed a severe penalty of dismissal as disproportionate. Instead, the Tribunal imposed a minor penalty of 'censure' and ordered the appellant's reinstatement, treating the period of dismissal as leave. This case emphasizes the necessity for balanced accountability in administrative roles and the critical evaluation of evidence before imposing disciplinary actions. Key legal aspects include the interpretation of the Punjab Civil Servants (Efficiency and Discipline) Rules, the procedural integrity of service tribunals, and the impact of individual malfeasance on supervisory assessments. The decision reinforces the principles of fair play and proportionality in administrative justice, ensuring that officials are held accountable based on direct evidence of misconduct rather than ancillary associations with culpable parties. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Service Tribunal, Punjab,
Board of Revenue,
Government of the Punjab,
NAB,
Patwari,
Army Monitoring Cell,
Revenue Department, Lahore,
ADC (G)
|
| Judges |
MUHAMMAD AFZAL, MEMBER-I
|
| Lawyers |
Dr. Ehsan-ul-Haq Khan,
Rana Muhammad Yasin,
Zahid Iqbal
|
| Petitioners |
Sheikh SAJJAD RIAZ
|
| Respondents |
another,
SECRETARY, GOVERNMENT OF THE PUNJAB,
SENIOR MEMBER BOARD OF REVENUE,
REVENUE DEPARTMENT, LAHORE
|
| Citations |
2005 SLD 879,
2005 PLC 364
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
3,
4(1)(b)(iv),
5,
4
|