2009 PLP (C (PLC(CS))

MAULVI ANWARUL HAQ, J.

The appellants are the widow and daughter of Niaz Hussain Shah who was Naib Nazar (Tameel) in Civil Courts Lahore and was removed from service vide order, dated 4-6-2004 by the learned Senior Civil Judge, Lahore.

2. The ladies are stating that Niaz Hussain Shah was ill and, in fact, was mentally disturbed. He died on 21-11-2004. According to them, no show-cause notice or charge-sheet was ever served upon him before imposing the said major penalty and, of course, no inquiry was held.

3. I have gone through the records, with- the assistance of the Additional Registrar (G&S), I find that an undated application or report was made by several Naib Nazars to the learned Senior Civil Judge, Lahore that Niaz Hussain Shah is absent since 12-4-2004 whereas he had obtained leave only for 9-4-2004. On this report, there is a note dated 20-4-2004 stating that the official be summoned for 24-4-2004 and his explanation be called. On 24-4-2004 it was stated that it has been reported that Niaz Hussain. Shah has given up his residence as reported by the landlord who met the process-server. The C.O.C. directed that notice be repeated and service be effected by affixation for 12-5-2004. On this date it was noted that affixation has been made but the neighbours stated that Niaz Hussain Shah left the Mohallah. Thereafter, there is an order, dated 13-5-2004 directing the Civil Nazar to publish a notice in a local newspaper. A date was not fixed. The notice was published in a newspaper i.e. the daily, Jurat dated 19-5-2004 and this is followed by the order, dated 4-6-2004 removing Niaz Hussain Shah from service. I may further note here that a closed envelop is present in the file. It was returned back with the endorsement that no person of the said name is residing at the address stated thereon. Presumably this envelope contains the impugned order of removal.

4. I find that the matter has been dealt with rather casually. The Clerk of Court filed a report and the Senior Civil Judge proceeded to observe that in view of the said report in exercise of powers under section 3 of the Punjab Removal from Service (Special Powers) Ordinance, 2000, Niaz Hussain Shah, Naib Nazar, is removed from service. Apart from the fact that it is doubtful as to whether the provisions of the said Ordinance, 2000, apply to the establishment of the Civil Court. Section 3(2) makes it mandatory upon the competent, Authority before passing an order under section 3(1) of the said Ordinance to inform the accused by order in writing of the action proposed to be taken with regard to-him and the grounds of the action: I have examined the notices that were sent as also published in the newspaper and the contents thereof hardly meet with the said mandatory requirement of the said law. Confidential Dossier is not present in the service record but otherwise I do not find any adverse report against the deceased employee in the same.

5. He was employed vide - order, dated 12-7-1975 and later promoted as a Naib Nazar. He died on 12-11-2004 and by that time he had completed about 29 years service.

6. Having, thus, examined the records of the case, I am inclined to allow this appeal. The impugned order dated 4-6-2004 of removal from service is set aside. He shall be deemed to have been reinstated. The emoluments payable till his death as also the pensionary benefits will be payable to the entitled person under the Pension Rules. These will be worked out accordingly and paid in accordance with law. H.B.T./H-27/L Appeal accepted.