1993 PLC 629

KHURSHID AHMAD GHUMMAN Versus CHIEF PROJECT OFFICER, GUJRANWALA

Citation1993 PLC 629

CourtLahore High Court

Case No.W.P. No. 5459 of 1987

Date1992-11-02

Judge(s)Malik Muhammad Qayyum

ResultPetition accepted

The petitioner, while working as Foreman in the Institute of Leather Technology, an organisation being run by respondents Nos. 1 to 4, was proceeded against for having committed misconduct. He was served with a charge‑sheet-dated 5‑9‑1981, to which he gave his reply which was found to be unsatisfactory and an inquiry was ordered against him.

2. Without waiting for the result of that inquiry, the petitioner, on 3‑8‑1983, was served with another charge‑sheet, asking him to show cause as to why he should not be dismissed from service on the same charges, which had formed basis of the earlier charge‑sheet dated 5‑9‑1981. In the inquiry, the petitioner was found guilty of the charges. The Authorised Officer awarded him the punishment of stoppage of three increments on 16‑1‑1985.

3. This order has been assailed in this petition by the petitioner.

4. One of the contentions raised by learned counsel for the petitioner is that with respect to the same charges, a charge‑sheet had earlier been served to the petitioner on 5‑9‑1981, in pursuance whereof an inquiry was pending and a second inquiry on the same subject could not have been held.

5.Learned counsel for respondents Nos. 1 to 4 does not dispute this proposition and submits that he has no objection if this petition is accepted and the respondents are permitted to proceed with the first inquiry in pursuance of the charge‑sheet dated 5‑9‑1981. He, however, adds, it be clarified, the inquiry will re‑start from the stage, when it was stopped. Learned counsel for the petitioner also makes similar request.

In view of what has been stated above, this petition is allowed and the impugned order dated 16‑1‑1985 is declared to be without lawful authority and of no legal effect. The respondents may, if so, advised, proceed further with the inquiry initiated against the petitioner on the charges contained in the charge- sheet dated 5‑9‑1981 from the stage at which the said inquiry was stopped.

No order as to costs.

A.A./K‑58/L Petition accepted.