PROVINCE OF PUNJAB through Conservator of Forest, Lahore Circle, Lahore
This petition for leave to appeal is directed against the judgment of the Punjab Service Tribunal whereby the service appeal of respondent No. 1 was allowed. Respondent No. 1 was proceeded against under the Punjab Civil Servants (E&D) Rules, 1975 for illegal damage to trees and was initially removed from service and ordered to pay compensation. Upon departmental representation, he was reinstated, but recovery of the amount was maintained and two annual increments were stopped. The Tribunal allowed his appeal noting a second regular inquiry was being conducted. The Supreme Court converted the petition into an appeal and disposed of it with the observation that the department is competent to take further action upon completion of the second inquiry in accordance with law, making the reinstatement subject to the result of the second inquiry.
- Can a civil servant be subjected to a second regular inquiry under the Punjab Civil Servants (E&D) Rules, 1975?
- Whether the reinstatement of a civil servant remains subject to the result of a pending second inquiry?
- Punjab Civil Servants (E&D) Rules, 1975
ORDER
' IRSHAD HASAN KHAN, C.J.---This petition for leave to appeal is directed against the Judgement dated 26-6-2000 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the "The Tribunal" t in Service Appeal No,520 of 1992.
2. Respondent No,1 was proceeded against under Punjab Civil Servants (E&D) Rules, 1975 being allegedly responsible for causing illegal damage to trees in a beat of Chhanga Manga Plantation.
On completion of the inquiry proceedings and after observing due formalities, he was removed from service and was also directed to pay Rs,52,712.50 as compensation and value of the trees vide order, dated 31-1-1992 passed by respondent No,2. Being aggrieved respondent No,1 filed departmental representation which was partly accepted, in that, he was reinstated in service but punishment of recovery of the aforesaid amount was maintained and two annual increments were also stopped which were due on 1992 and 1993 without future effect. Respondent No,1 approached the Tribunal for redress of his grievance. The Tribunal allowed the appeal vide impugned judgment dated 26-6-2000 with observatoin that a second regular enquiry is being conducted against the respondent No,1 in accordance with the Punjab Civil Servants (E&D) Rules, 1975.
3. After hearing Mr. Muhammad Sharif Butt, learned counsel for the petitioner as well as Mr. S.M.
Tayyab, learned Senior, Advocate Supreme Court on behalf of respondent No,1, we convert this petition into appeal and dispose of the same with the observation that the department shall be competent to take further action, if any, against the respondent on completion of the second enquiry, in accordance with law. The reinstatement of the respondent No,1 shall be subject to the result of the second enquiry initiated against him.