' JEHAN ZAIB BURKI (MEMBER-IV).--- By this single judgment, the three appeals mentioned as title would be disposed of as common points of law and facts are involved. '
2. The appellants were charged by the respondents to the effect that they had failed to exercise adequate vigilance in the area of their jurisdiction and had failed to check preparation, sale and misuse of illicit liquor. It was alleged that the appellants had failed to organize an information network effectively to detect and check the misuse of spirit in their respective areas. Moreover, they had failed to take necessary preventive measures and to apprehend the culprits before the occurrence of an incident which took 42 precious lives as reported in the press and a number of Persons were also hospitalized. The appellants were further charged that they had connived with the culprits and with their subordinate staff/Supervisory Officers in the preparation and sale of illicit liquor. In addition to the above, the appellant Malik Zahoor Hussain, AETO was specifically charged of having failed to exercise vigilance on the premises of ex-licensee (M.C.-12) Virgo Manufacturing Chemist (Pvt.) situated in the industrial Estate Area, Multan, which enabled the management to indulge in preparation of illicit liquor.
3. All the appellants denied the allegations. However, their replies were not considered satisfactory and formal proceedings were started. During the course of the inquiry, the appellants took up the plea that their basic duty was the recovery of property tax. The detection of the excise crime was an additional duty entrusted to them which they had performed honestly and single handedly as no extra staff had been provided to them for the purpose. It was further asserted by the appellants that in the absence of any additional staff, transport or funds for the informers, it was not possible for them to organize the so-called information network effectively. With regard to the incident in which allegedly 42 persons had died, it was stated by the appellants that only 19 persons had been hospitalized who had subsequently died. Out of the above number, only 12 persons happened to be residents of Multan whereas the remaining were residents of Muzaffargarh and other areas. It was further pointed out by the appellants that other agencies like the Police, Anti-Narcotics Force, were also working in the city. Of these agencies, the Anti-Narcotics Force had the sole responsibility for the eradication of drugs addiction and prevention and detection of narcotic cases. They had adequate funds and transport and yet they had not been able to lay their hands on the culprits responsible for the above mentioned incident. It was further asserted that there was no evidence to conclude that the persons who had died had consumed liquor which had been prepared and sold in the city. The appellants also denied the allegation of conniving with the culprits.
4. After concluding the departmental proceedings, the Inquiry Officer held the appellants guilty of only failure to organize information network effectively to detect and check the misuse of spirit in their respective areas. Moreover, he also held them responsible for their failure to take necessary preventive measures and to apprehend the persons involved in the manufacturing and sale of illicit and poisonous liquor. In their appeals, the appellants argued that the inquiry against them had been conducted in a slipshod and perfunctory manner. No incriminating evidence could be produced against the appellants by the respondents to substantiate the various charges levelled against them. It was further contended that neither any documentary evidence nor any prosecution witness was examined during the inquiry in support of the allegations levelled against them. The appellants stated that news items regarding death of persons on consumption of illicit/poisonous liquor were frequently published in the newspapers, reporting such incidents in various districts. It was argued that they had been subjected to patent discrimination by the Excise Department hierarchy as officials of no other Districts had ever been taken to task or punished on the basis of such press reports.
5. It was contended that the impugned order dated 144-2006 whereby they had been awarded the penalty of reduction to the lowest stage in their pay scales was illegal. It was contended that as per dictum laid down by the Honourable Supreme Court of Pakistan, the penalty of reduction in pay could only be made to one lower stage and not beyond it. In this connection, the appellants drew attention to the dictum laid down by the Honourable Supreme Court of Pakistan vide PLC 1999 (C.$.) 1028, 2000 PLC (C.S.) 270, 2005 PLC (C.S.) 169, 2005 SCMR 346, 2004 SCMR 647 and 2003 PLC (C.S.) 1372.
6. The respondents have resisted the appeals and have stated that the impugned orders had been passed in accordance with law and facts of the case. The penalty imposed was on the basis of charges proved against the appellants. It was stated that the incident of death of several persons had occurred due to consumption of poisonous liquor. The appellants were deputed, to perform duties of a Prohibition Officer within their respective areas of jurisdiction. This included a check on the illegal sale of the liquor. The appellants had failed to perform the said duty. It was further argued that the penalty of reduction to the lowest stage in pay scales was imposed upon the appellants under section 3(1)(e)(iii) of the Punjab Removal from Service (Special Powers)
Ordinance, 2000.
7. The arguments of the parties have been heard and the relevant record has been perused.
8. It has been correctly contended by the appellants and admitted by the respondents that prevention and detection of excise crime was an additional duty assigned to the appellants. The appellants were basically performing duty of recovery of property tax. It has also been validly argued by the appellants that they had not been provided any additional staff, transport or funds for the so-called organizer of the intelligence network. Again, it has been correctly contended by the appellants that no evidence whatsoever had been produced during the disciplinary proceedings to establish that the persons who had died by taking poisonous liquor had purchased the said liquor from their respective areas of responsibility. As a matter of fact, it is observed that the Inquiry Officer failed to examine even the various reporters of the newspapers who had reported the incident in question where allegedly 42 persons had died on account of consumption of illicit/poisonous liquor.
9. The appellants have correctly argued that the period for which the impugned penalty was to operate against them had not been mentioned by the competent authority which was a violation of Fundamental Rule,
29. In this connection, it would be pertinent to mention the following dictum laid down by the Honourable Supreme Court of Pakistan in their judgment reported vide 2005 SCMR 436:-- "While writing the judgment, we have gone through Fundamental Rule 29 and the O.M. No,16/18/94- R-2, dated 9-9-1998. F.R. 29 requires that if a Government servant is, on account of misconduct or inefficiency, reduced to a lower grade or post, or to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether, on restoration, it shall operate to postpone future increments and if so, to what extent. Above O.M. Says that it is necessary that while passing an order imposing a penalty of reduction to a lower post or time scale or to a lower stage in a time scale, the requirements prescribed in F.R. 29 should be strictly observed."
10. In view of the foregoing facts, it is not possible to sustain the impugned order, dated 14-4-2006 which is set aside from the date of its issue.
11. There shall be no order as to costs. Parties be informed.