2002 PLP (C (PLC(CS))

Departmental Representative for Respondents. Date of hearing: 19th February, 2002. Briefly stated the facts leading to the appeal are that appellant was appointed as‑ Sweepress, in District Headquarter Hospital, Gujranwala on 16‑9‑1989. She was allotted residential Quarter No. H/35. Proceedings under Punjab Civil Servants (E&D) Rules, 1975 were initiated against the appellant on the charge of 9 days wilful absence. She was dismissed from service on 31‑10‑1998. She was issued notice to vacate the official quarter because she has been dismissed from service. The appellant preferred departmental appeal. Director Health Services, Gujranwala, respondent No.2 vide order dated 12‑2‑1999 accepted the appeal and converted the major penalty of dismissal from service into minor penalty of "censure" and the appellant was posted at Rural Health Centre, Eminabad, Gujranwala against vacant post.

2. The appellant failed to vacate the quarter of DHQ Hospital, Gujranwala. The matter was referred to the District Administration. The Additional Deputy Commissioner (G) on behalf of Deputy Commissioner, Gujranwla issued her notice on 22‑7‑1999 to vacate the quarter within 5 days otherwise she will be ejected through police force. .

3. On 2‑8‑1999, Director Health Service, Gujranwala, respondent No.2 reviewed his previous order dated 12‑2‑1999 and awarded her major penalty of dismissal from service. Her departmental appeal was rejected on 27‑3‑2000. Hence this appeal. Respondents Nos.1 and 2 did not turn up despite notices, ex parte proceedings were ordered against them.

4. I have heard the learned counsel for the appellant and have perused the record and objections to the memorandum of appeal submitted by the respondent No. 3.

5. Learned counsel for the appellant argued that charge against the appellant was absence for. 9 days. She was dismissed from service by proceedings ex parte and she was directed to vacate the quarter but the respondent No.2, Director Health Services, Gujranwala while accepting her appeal vide order dated 12‑2‑1999 converted major penalty of dismissal from service into minor penalty of "censure". But on 2‑8‑1999, respondent No.2, reviewed his previous order on the ground that the appellant failed to vacate the quarter allotted to her at DHQ Hospital, Gujranwala and awarded her the major penalty of dismissal from service.

6. Learned counsel for the appellant further argued that quarter had been vacated by the intervention of district administration. The appellant should be reinstated.

7. Respondent No.3 in his written objections to the memorandum of appeal has not submitted proper reply and has only written that it relates to respondents Nos.1 and

2. It is thus clear that respondent No.3 Director General, Health Services, Punjab has not applied his mind while rejecting the departmental appeal of the appellant. He has also not given any reason in his order of rejection of appeal dated 27‑3‑2000. Respondent No.2, Director Health Services, Gujranwala decided the appeal vide order dated 12‑2‑1999 and converted the major penalty of dismissal from service into minor penalty of "censure" because the allegation against the appellant was only the absence of 9 days.

8. Respondent No.2, Director Health Services, Gujranwala reviewed his previous decision on the ground that the appellant has not vacated quarter and awarded the major penalty of dismissal from service. According to Punjab Civil Servants (E&D) Rules, 1975, once the appellate authority has decided the case it has no power to review. Only the Government has power of revision under rule 18 of Punjab Civil Servants (E&D) Rules, 1975. The order dated 2‑8‑1999 was passed allegedly on the ground that the appellant E has failed to vacate the quarter allotted to her. The case was already referred to the district administration for vacation of the quarter. There was no ground for passing the order dated 2‑8‑1999. Order dated 2‑8‑1999 is thus nullity in the eyes of law and is set aside. The appeal is, therefore, accepted. The orders dated 2‑8;1999 and 27‑3‑2000 are set aside. Order dated 12‑2‑1999 passed by the Director Health Service vide which the appellant was awarded minor penalty of "censure" is restored. The appellant is reinstated in service as sweepress. Intervening period shall be treated as I extraordinary leave, without pay. There will be no order as to the costs. H.B.T./76/PST Appeal accepted.