1996 PLP (C (PLC(CS))

Date of hearing: 14th February, 1991. Maulvi Abdur Rehman, Moazzan has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Chief Administrator Auqaf, Punjab and Administrator Auqaf, Bahawalpur District as respondents. By virtue of this appeal appellant has prayed that the impugned orders passed by respondents be set aside and the appellant. Reinstated in service.

2. The 'relevant facts for the disposal of this appeal ate that due to misconduct appellant was dismissed from service vide impugned order dated 21‑11‑1983 by the Authority (respondent No. 2). The appellant filed 'departmental appeal which was dismissed by respondent No. 1 as is evident from para. 5 of parawise comments furnished on behalf of respondent No. 1 hence this appeal.

3. I have heard the learned counsel for the parties lat length and perused the record with the assistance of representatives of the Department with care.

4. The main contention of the learned counsel for the appellant is that respondent No. 2 while conducting proceedings against the appellant has not followed the procedure as laid down in the Punjab Civil Servants (E&D) Rules, 1975 and hence impugned order is absolutely illegal and ultra vires. On the other hand, the learned counsel appearing on behalf of respondents opposed the appeal and relied upon the comments/report furnished by the department. The learned counsel further contended that appellant was rightly punished and that appellant is not a civil servant therefore, E&D Rules, 1975 were not applicable to him. As such services of appellant could be dispensed with without following the procedure laid down in the E&D Rules, 1975.

5. After having gone through the file I have given my anxious thought to the submissions advanced by the learned counsel for the parties and find that appellant being admittedly a civil servant of former Government of Bahawalpur State in the Department of Anser‑i‑Mazhabia and later on absorbed in the Department of Administrator Auqaf, Bahawalpur after the enforcement of West Pakistan Act, 1955, as such the appellant could not be dismissed from service due to misconduct without following the procedure laid down under the Punjab Civil Servants (E&D) Rules, 1975. Since before passing the impugned order dated 21‑11‑1983 in respect of the appellant the prescribed procedure was not followed by respondent No. 2 the impugned order dated 21‑11‑1983 is not sustainable being unlawful and against the provisions of Punjab Civil Servants (E&D) Rules, 1975. I also find that impugned orders were passed without providing the statutory opportunities of personal hearing to the appellant as per comments/report furnished on behalf of respondents although the appellant was proceeded against for misconduct under the E&D Rules, 1975.

6. Viewed in this context the impugned orders passed by respondents are totally void and illegal. Consequently, I allow this appeal, set aside the impugned orders passed by respondents and reinstate the appellant in service with all back benefits of pay etc. There are no orders as to costs. Parties be informed. H.B.T./517/Sr.P Appeal allowed.