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MUHAMMAD SALEEM versus SECRETARY, EDUCATION


The Inquiry Committee issued the Section & Char Charge Sheet appointed the inquiry committee's finding against the accused who spoke to the accused and provided an opportunity for clarification at a personal hearing. Determined to thwart the process

1980 P L C (C. S.) 127

[Service Tribunal Punjab]

Before M. Saleem Chaudhry, Chairman, Mazhar Munir and S. Hafeez‑ur‑Rehman, Members

MUHAMMAD SALEEM

Versus

SECRETARY, EDUCATION

Appeal No. 185 of 1979, decided on 24th December, 1979.

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975‑--------

--------Ss. 6 & 8‑Charge‑sheet issued‑Enquiry Committee appointed Finding of Enquiry Committee against accused communicated to accused and given opportunity of explanation in personal hearing Accused throughout protesting against Members of Enquiry Committee‑Allegations mostly established on basis of documents‑No irregularity, in circumstances, held, committed to vitiate proceedings.

ORDER

M. SALEEM CHAUDHRY (CHAIRMAN).‑

‑Muhammad Saleem, Appellant, was working as Shop Attendant in Government Polytechnic Institute, Lahore, since 1973. On 19th November, 1978, the Principal of the Institute issued him a charge‑sheet. A reply was submitted by the appellant on 28‑11‑1978 and an Enquiry Committee was appointed to investigate the allegations. Enquiry Committee reported against the appellant. On 4‑1‑1979, the result of the Enquiry Committee was communicated to the appellant. The appellant replied on 6‑1‑1979. The services of the appellant were terminated on 6‑1‑1979 by the Principal, Government Polytechnic Institute. The appellant preferred a departmental appeal.

2. The contentions of the appellant are that the charge‑sheet is fabricated and false and that the enquiry committee had already given the findings against the appellant, therefore, the reference to the same enquiry committee was improper. Moreover, the enquiry was conducted in the absence of the appellant.

3. We have heard the parties. It is true that the appellant has been protesting throughout against the Members of the Enquiry Committee but he was given full opportunity by the Principal to explain his position personally. Most of the allegations against the appellant were in the form o documents. No irregularity to vitiate the disciplinary proceedings have been committed in this case. The contentions of the appellant have no force, therefore, the appeal is dismissed in limine.

Appeal dismissed.

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