' Mr. Muhammad Azizur Rehman, Junior Clerk, Provincial Buildings Circle, Bahawalpur has made this appeal wherein he has impleaded the Chief Engineer, Punjab Buildings Department, Lahore and the Superintending Engineer, Provincial Buildings Circle, Bahawalpur as respondents. He has made appeal against the orders of the Chief Engineer No, 71-EII/ 72/547/EII (3), dated 17th February, 1982 and No, 71-EII/72/1653/EII(3), dated 19th May, 1982 wherein the order of the Superintending Engineer, Provincial Buildings Circle, Bahawalpur No, 239/E. Dated 12th August, 1981 was upheld. The appellant has prayed that the impugned orders be set aside and the appellant be directed to be paid for the suspension period and releasing of his annual increment.
2. Brief facts of the case are that the appellant, Mr. Muhammad Azizur Rehman, was working as Junior Clerk in General Section of Circle Office. He was deputed to help the typist of Budget Section on 15th July, 1981 for typing the Progress Report of A. D. P. Work which was to be sent through special man to the Chief Engineer, Punjab Buildings Department, Lahore on the same date as per his directions. He did not comply with the orders and left office at 1.00 p. m. Without permission. He typed only five sheets throughout the day and wasted all his time. He was thus placed under suspension vide order dated 18th July, 1981 by Superintending Engineer, Provincial Buildings Circle, Bahawalpur and he was asked to explain his position in this regard within a week as to why disciplinary action should not be taken against him under Punjab Civil Servants (E & D) Rules, 1975 for misconduct. A reply was submitted for the same by the appellant which was considered by the Superintending Engineer, Provincial Buildings Circle, Bahawlpur and found unsatisfactory. His one increment was stopped without future effect vide his order No, 239/E, dated 12th August, 1981. The appellant made two appeals to the Chief Engineer, against stoppage of his increment and also allowing him the pay for the suspension period which were rejected. Hence this appeal.
3. The appellant has argued that he has been punished for no fault of his. The portion of the type work entrusted to him was duly typed by him at 1.00 p. m. The same day. He went to the mosque to offer prayer being month of Ramazan Sharief. He came back to his office at 1.30 p. m. And nobody, either the Circle Superintendent or Head Assistant Budget detained him for further work. Thus he had completed the work given to him. He further submitted as he has been awarded two punishments against alleged misconduct i,e, stoppage of increment and non-payment of salary of suspension period, thus, he has not been proceeded properly under the Provisions of the Punjab Civil Servants (E & D) Rules, 1975. He was not given proper charge-sheet and statement of allegations and the matter was not enquired into. He was not given opportunities to defend himself and produce the witnesses in his defence. He was also not given a show-cause notice and has been prejudiced in his defence. Thus the order passed by the authority i,e, Superintending Engineer, Provincial Building Circle, Bahawalpur is void, ab initio and unlawful which needed to be quashed as it has been passed unlawfully. The learned District Attorney assisted by the Department's representatives submitted that as the work was allotted himself by the Superintending Engineer to the appellant who was the competent Authority in this case and it came to his notice that the appellant had not completed the work which was alloted to him and was to be disposed of on the same day on emergency basis, but the appellant slipped away leaving the work incompleted wilfully, and thus misconduct stood proved against him and the minor punishment awarded by the authority was within the framework of the Punjab Civil Servants (E & D) Rules, 1975. The appellant's explanation was called and he was given a chance to explain his position before the minor penalty was awarded. Thus, the appellant has been rightly and lawfully punished.
4. I have given my anxious thoughts to the arguments put forth by the parties and have also consulted the record. The appellant has been proceeded against misconduct and a. Disciplinary action has been taken against him under the Punjab Civil Servants (E & D) Rules, 1975 for this misconduct. But it is clear that the appellant has not been proceeded properly under the provisions of these rules. He was not charge-sheeted properly, the matter was of such nature that this needed an enquiry which has not been conducted. Furthermore, he has not been afforded opportunities to defend himself properly either under rule 6 (3) or under rule 6 (4) of Punjab Civil Servants (E & D) Rules, 1975. Thus, the action taken by the Superintending Engineer, Provincial Buildings Circle, Bahawalpur was hasty and he has been punished without proving the misconduct attributed to him. The result is that the impugned orders passed by the Superintending Engineer, Provincial Buildings Circle Bahawalpur No, 239/E, dated 12th August, 1981 is not a valid order and has been passed unlawfully. The consequential orders of the appellate authority i,e, Chief Engineer, Punjab Buildings Department, Lahore are, also void.
5. Keeping the above analysis in view, the result is that the impugned orders are set aside, being unlawful, inoperative and having no effect at all. The appeal of the appellant is accepted as per prayer of the appellant, mentioned in para. 1 of this judgment.
' There will be no orders as to costs.