SALAH-UD-DIN BUTT Versus PUNJAB SERVICE TRIBUNAL

ORDER

SAAD SAOOD JAN, J.- -The petitioners in these two petitions fog special leave to appeal are Assistant Excise and Taxation Officers. They were posted during different periods as officers incharge with a drug manufacturing company. There were general allegations that the drug manufacturing companies were despatching intoxicants to non-existing addresses with the object of selling them in the under ground market and that the Excise Officers attached to these companies were assisting them in their illegal operations. On inspection, certain irregularities were detected in the affairs of the company to which the petitioners were attached. They were served with charge-sheets and after departmental inquiries penalties of forfeiture of increments were imposed upon them. They preferred appeals before the Punjab Service Tribunal. The Tribunal thought that the penalties imposed by the Departmental Authorities were incommensurate with the gravity of the irregularities committed by them. Consequently, after serving them with show-cause notices, the learned Tribunal directed that they should be dismissed from service.

2. In support of this petition it is inter alia contended that the' Tribunal was not competent to enhance the penalties imposed by tire Departmental Authorities. The question raised is of first impression and needs examination. Leave to appeal is granted to both petitions. The appeals should be made ready for hearing on the present record with permission to parties to file additional documents, if any. As the petitioners stand dismissed from service, the appeals should be listed for hearing within a year.

S.Q./S-97/S Leave granted.