MIAN FAIZ KARIM (MEMBER).--The appellant, Muhammad Azam, ex-Supervisor Food has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the impugned order dated 12-10-1985 passed by the Deputy Director Food vide which the service of the appellant was terminated under Rule 5(3).(a) of the Punjab Civil Servants Act, 1974 and the order dated 21-12-1985 of the Director Food vide which the departmental appeal was rejected. The appellant has impleaded the Secretary Food, Punjab, Lahore, Director Food, Punjab, Lahore, Deputy Director Food, Faisalabad and District Food Controller, Jhang as respondents Nos.1, 2, 3 and 4 respectively.
2.Through this appeal the appellant has prayed that the impugned orders may be set aside and the appellant be reinstated in service.
3. Brief facts of the case are that the appellant, Muhammad Azam was temporarily appointed as Supervisor Foodgrains vide order dated 21-4-1985 by Deputy Director Food, Faisalabad (Copy at Annex: No.3), Subsequently the Deputy Director Food vide his order dated 12-10-1985 terminated the services of the appellant under Rule 5(3)(a) of the under Punjab Civil Servants (E&D) Rules the Deputy Director Food withdrew the charge-sheet and proceeded under Rule 5(3)(a) of the Punjab Civil Servants Act, 1974 and terminated the services of the appellant. The Deputy Director Food once exercising his discretion and option of charge-sheeting the appellant on the allegation of absence should not have dispensed with the same and substituted the Rule 5(3)(a) of the Punjab Civil Servants Act, 1974. Besides that undisputedly the impugned order of the Deputy Director is not an order in simplicitor within the meaning of Rule 5(3)(a) of the Punjab Civil Servants Act, 1974 rather in the concluding para of the impugned order the following observations have been made:-- "The misconduct being of serious nature, I am not inclined to take a lenient view. Therefore, keeping in view the gravity of the offence, his services are terminated with immediate effect under Rule 5(3)
(a) of Punjab Civil Servants Act, 1974"
Evidently the impugned order bears the stigma against the appellant and smells more like the case of any impugned order under Punjab Civil Servants (E&D) Rules but issued without requirements of the said provisions.
7. Hence we accept the appeal and remand the case for regular enquiry against the appellant from the stage of the charge-sheet. Meanwhile the appellant to be re-instated in service by, clothing the status of a civil servant. The period of absence after the termination from the service to be determined by the competent authority.
Announced in the open Court on 22-10-1986.
Judgment to be communicated to the parties.
No orders for the costs.
M.Y.H./91-Sr.P