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Appeal No. 347 of 1977, decided on 18th September, 1979.

---‑ R. 7‑Departmental action in pursuance of investigations by Anti‑Corruption Establishment Accused praying for supply of copies of F. I. R., complaint received and statement of, witnesses recorded by Anti‑Corruption Establishment‑‑Enquiry held without supply of such documents‑Major irregularity‑Removal of service pursuant to such enquiry set aside by Service Tribunal Punjab Service Tribunals Act (IX of 1974), S. 4.

Dr. Mrs. Ibrar Hashmi, Women Medical Officer, has appealed against the order of Secretary, Health dated 15th October, 1977 removing her from service with immediate effect.

2. The facts of the case are that one Yasin on 8th July, 1973 approached her while she was posted as Woman Medical Officer, Civil Hospital, Khanpur for obtaining an age certificate of her niece. On 9th July, 1973 a girl alongwith another man appeared before the appellant. The appellant examined the girl and found her to be adult. The necessary age certificate was prepared. A few minutes later an Inspector of the Anti -Corruption Establishment. Multan entered the office of the appellant accom panied by a Magistrate. The Magistrate asked the appellant to hand over the tainted currency notes. The appellant replied that she knew nothing about the tainted currency notes. The complainant told the‑Magistrate that the tainted currency notes were with the Nurse. The Magistrate then recovered the notes from the Nurse. The appellant was arrested and produced before the Special Judge, Rahimyar Khan who released her on bail. Judicial proceedings were started against the appellant but later on dropped. The A. C. Estt. then asked the Secretary, Health to take disciplinary action against the appellant. The appellant was placed 'under suspension by Secretary, Health on 18th February, 1974 and remained under suspen sion until 2nd May, 1975 when she was provisionally re‑instated. Later on, she was charge‑sheeted. Dr. Irak‑ul‑Haq was appointed Enquiry Officer. The appellant attended the enquiry and stated that in order to put up her defence, the following documents may be supplied to her :‑‑

(i) Copy of F. I. R. No. 13 dated 9th July, 1973 P. S. A. C. E., Rahimyar Khan on which the entire case has been based.

(ii) The copy of the finial report of the A. C. Department after enquiry into the case:

(iii) Copy of the statement of the complainant before the Magistrate:

(iv) A copy of the statement of the Staff. Nurse; Mrs. Dorthy.‑ ‑

(v) Copy of statements of the witnesses, if any, recorded by the Magistrate in support of the allegations levelled against me.

The appellant repeatedly made similar requests .to the Secretary, Health, during the personal hearing and. the Anti‑Corruption Establishment but without any result. She was given a personal hearing by, the Secretary, Health on 7th September, 1977. Ultimately. she was given time to put in her written defence. On 15th October, 1977 by the order of Secretary, Health she was removed from service.

3. We have heard the parties. One point taken by the appellant is that under the Delegation of Powers Rules, the Director, Health Services, is the Authorised Officer and as such proceedings undertaken by Secretary, Health as Authorised Officer were illegal. In our opinion no irregularity has been committed by the Secretary, Health acting as the Authorised Officer. The main contention of the appellant is that an irregularity has been committed in not supplying her with essential documents. Moreover no money was demanded by her or recovered from her. The fact is that tainted' money, was recovered from the Nurse and not front her. Moreover major irregularity was committed in not supplying her with documents required by the appellant for her defence. The appeal is, therefore, accepted and the order of removal from service is set aside:

Appeal accepted.

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