MIAN FAIZ KARIM (MEMBER).-- M. Ehsan Ahmad has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the Secretary to Government of the Punjab Services General Administration & Information Department, Lahore as respondent.
2. The appellant has prayed that the impugned order of the reduction in rank from Senior Clerk to Junior Clerk w.e.f. 4-9-1970 be set aside with all back benefits.
3. Brief facts of the case and grounds for the appeal are that the appellant was transferred and posted as Junior Clerk in the Auqaf Department, on 4-1-1969. He was always punctual. However, on 1-4-1969 by the orders of Martial Law Authorities the Government of Punjab started punctuality drive and the attendance of the employees of the Civil Secretariat in time was made compulsory.
The gates were closed after expire- of ten minutes of the opening of the office. Anybody coming late was not allowed to enter the premises without filling a pro forma of the late-comers. In that period the O.S.D. (Auqaf) directed the entire staff should note their arrival time in the attendance register even if they come in time. This caused resentment being not consistent with the directions.
The O.S.D. (Auqaf) thought that due to the popularity of the appellant amongst his colleagues he had created resentment. The appellant in anticipation informed the Secretary Auqaf, on 8-4-1969 that he may not be harmed. This followed a warning vide memo dated 28-4-1969 issued to the appellant for being late on specified dates and the warning was placed in his service record After two days of the said warning his explanation was sought by the Secretary Auqaf as to why disciplinary action may not be taken against the appellant. Same day the appellant was promoted as Senior Clerk and transferred to Information Department. Subsequently he was informed about the deduction of seven days casual leaves in lieu of the late arrival of 21 days. This was followed by the charge-sheet. On the basis of the enquiry report the. Appellant was issued a final show-cause notice on 15-10-1969 vide order, dated 4-9-1970, the Secretary SGA&I Department reduced his rank to that of Junior Clerk. Hence this appeal.
4. We have heard the appellant and learned District Attorney for the respondent and perused the relevant record.
5. The appellant has repeated his points as mentioned in para. 3 above. The learned District Attorney opposed the appeal with a preliminary objection that the previous appeal of the appellant against the order of his reversion was dismissed by the Tribunal as withdrawn by the appellant, on 2-9-1970 and as such the present appeal is not maintainable. As regards merits of the case the appellant was charge--sheeted, on 19-5-1969 for misconduct. Seven days casual leave was deducted in lieu of 21 days late attendance according to Government instructions. The enquiry was conducted according to the Punjab Civil Servants E & D Rules, 1975, and the appellant was rightly punished which is by no means harsh.
6. We have given careful consideration to the facts of the case and are of the confirmed opinion that due to dismissal of the previous appeal as well as on the merits of the case there seems to be no justification to interfere with the impugned orders and accordingly the appeal is dismissed.
However, there will be no order as to costs.
A.E.