M. SALEEM CHAUDHRY (CHAIRMAN),------In this appeal, Ghulam Muhammad, Assistant working in the office of Director Education, Multan Division, challenges the order dated 9th August 1978, stopping his one increment with recurring effect by the order of the Director of Education. He was punished for having beer, found guilty of temporary embezzlement of Government money. His appeal to the Director, Public Instructions, Punjab, was also rejected.
2. The appellant has raised objection that the Director, Education was not the competent authority under any of the relegation of Power Rules applicable to the case of the appellant. The appellant has referred to the Delegation of Power Rules (enforced on 29-3-1974), Item No. 10 relating to the ministerial staff working in the Directorate of Education. In column No. 3 of the aforesaid Rules, the authority competent to impose other punishments in the case of the appellant is the District Education Officer and the Director of Education was the appellate authority. Even under the Delegation of Power Rules enforced previously namely, 1962 Rules, vide item No. 4(b) (ii) in columns 4 and 5, Head of the Educational Institution concerned was the competent authority. It is thus submitted that the Director, Education under none of the provisions of the Delegation of Power Rules was the competent authority. It may be pointed out that the appellant was charged for the temporary embezzlement of Government money during the period prior, to 1971 when he was working in Government College for Women, Multan. The appellant was charge-sheeted in 1971 to which he replied on 12th April 1972. Appellant's services were allocated to the Directorate of Education, Multan, on 15-11-1973. After his transfer, he was again charge-sheeted in 1975 on the same charges, by the Deputy Director of Education, Multan and an enquiry was conducted into the allegation by Agha Amjad Ali, Principal, Government College, Sahiwal who submitted hits enquiry report on 21-6-1977. The appellant submitted that the enquiry was ex parse inasmuch as he was on long leave with effect from March 1977 to October 1977 and he never received any notice from the Enquiry Officer, nor was he given any hearing as prescribed under role 8 of the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1970. Thus the appellant submitted that the enquiry proceedings conducted were illegal and the impugned order passed by the Director of Education was by an incompetent authority. The learned Government Pleader has nothing to produce to Controvert the above contention of the appellant.
In view of the above, we set aside the orders passed by the Departmental authorities and remand the case to the Deputy Director of Education, Multan who is primarily the competent authority in the case of the appellant. We may add that the authorised officer in this case will be the District Education Officer. Thus the case is remanded for fresh enquiry in the light of the observations above.