MUHAMMAD ASHRAF vs DEPUTY DIRECTOR FOOD, MULTAN REGION And Another
This matter concerns a petition for leave to appeal against an order of the Punjab Service Tribunal, which had dismissed the petitioner's appeal regarding his dismissal from service and the imposition of a financial penalty. The petitioner, a civil servant, was accused of a shortage in wheat supply during his tenure at a procurement centre. Departmental proceedings were initiated against him under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, following which he was issued a show-cause notice, afforded an opportunity of being heard, and subsequently dismissed from service with a penalty imposed for the alleged shortage. The core legal question was whether the departmental proceedings and the subsequent dismissal were conducted in accordance with the law. The Supreme Court held that the procedure adopted by the authorities in terminating the petitioner's services and imposing the penalty was strictly in accordance with the law. Consequently, the Court found the Service Tribunal's decision to dismiss the appeal justified and refused to interfere with the impugned order, thereby dismissing the petition.
- Whether departmental proceedings conducted under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were procedurally valid in the instant case?
- Is a civil servant entitled to relief against dismissal if the departmental authority followed the prescribed procedure and provided an opportunity of being heard?
- Section 6(3), Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
ORDER
ALI HUSSAIN QAZIBASH, J.-- Muhammad Ashraf seeks leave to appeal from the order of the Punjab Service Tribunal, Lahore, dated 29-4-1986, whereby his appeal was dismissed.
2. The facts are that the petitioner was posted at P.R. Centre Joeya, District Okara, during the 1983- 84 Scheme. During the tenure of his service, wheat weighing 8837.850 M.Tons was purchased and despatched to P.R.Centre Shergarh but it was reported that wheat weighing only 8738.065 M. Tons was received. The price calculated for the short supply came at Rs.1,87,460. A report to that effect was made to the relevant authorities and departmental proceedings were initiated against the petitioner by the authorised officer. He was served with a show-cause notice and proceeded against under section 6(3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The petitioner submitted his explanation, he was afforded an opportunity of being heard which he did not avail and ultimately the authorised officer vide his order, dated 3-2-1985 imposed a penalty of Rs.1,96,154.10 and as well passed his dismissal order. The petitioner had already deposited an amount of Rs.94,952.45 .Towards the penalty. He filed a departmental appeal which was dismissed and so was his appeal before the Service Tribunal.
3. We have heard the learned counsel for the petitioner in detail and the relevant provisions of the rules also gone through and we are of the view that the procedure adopted by the Authority in doing away with the services of the petitioner and imposing order penalty is strictly in accordance with the law. The Tribunal was thus justified in dismissing the appeal of the petitioner. No ground has been made out for interference by us. The petition is dismissed.