Khan Muhammad son of Muhammad Ali ex-Driver, Sir Ganga Ram Hospital, Lahore filed this Constitutional petition with a prayer to direct respondent No. 1 for disposal of disciplinary proceedings pending against him in accordance with the directive of the Government of Punjab contained in letter dated 18-5-1991 (Annexure G) after reinstating him in service.
2. The petitioner was appointed in 1969 as a bearer in Sir Ganga Ram Hospital, Lahore. In April, 1986 he was appointed as driver. He was charge-sheeted on 12-9-1988 by Dr. Iqbal Said as an Authorised Officer/Enquiry Officer on the allegation of misconduct. The petitioner was again served with another charge-sheet on the same allegations by Dr. Abdul Majid as Authorised Officer. He repudiated the allegations but on inquiry he was held guilty and dismissed from service on 22-1- 1989 by Dr. Abdul Majid Qureshi, Additional Medical Superintendent. The petitioner preferred an appeal, which was dismissed on 1-4-1989 by respondent No. 1. Afterwards he represented against the aforesaid order before respondent No. 2 and an order to the following effect was passed:-- "The dismissal of Mr. Khan Muhammad, Ex-driver Sir Ganga Ram Hospital, Lahore on account of his misconduct under E & D Rules is an erratic decision. The services of Driver in accordance with the Rules approved by Law Department and SGA & I Department is to be regulated, under Labour Laws instead of Punjab Civil Servants Act, 1974 (E&D) Rules, 1975. Copy of the Law Department Ruling and SGA & I Department letter is appended herewith.
(3) You are therefore, advised to proceed against Mr. Khan Muhammad in accordance with prevailing rules for drivers."
The grievance raised through this petition is that the respondent No. 1 did not reinstate the petitioner despite clear order passed by the Government. The next contention raised by his counsel was that the order dated 18-5-1991 passed by the Government was not assailed by the respondent No. 1 and the same attained finality. He also submitted that the petitioner being driver employed in Sir Ganga Ram Hospital is not a civil servant within the meaning of Punjab Civil Servants Act, 1974 as such the Punjab Civil Servants (E&D) Rules, 1975 are not applicable in his case. The entire proceedings held are, therefore, coram non judice. It was lastly contended that even the bare requirement of the principles of natural justice were not satisfied while dismissing the petitioner from service.
3. Learned A.A: G. Appearing on behalf of the respondents, on the other hand, contended that the petitioner is Government servant and this writ is not competent. Jamil Anwar, Pharmacist, Sir Ganga Ram Hospital, Lahore who assisted the learned AA.-G. And is present with record submitted that the dispute as to whether Efficiency and Discipline Rules shall be made applicable to Drivers etc. Has not so far been resolved and the matter is still pending decision with the Government.
4. It is not denied that the order of the Government dated 18-5-1991 has not been challenged by respondent No. 1 before a competent Court or forum. The learned AA.-G. Was unable to categorically assert about the status of the petitioner as to whether he was civil servant within the meaning of the Punjab Civil Servants Act, 1974 and Efficiency and Discipline Rules, 1975 framed thereunder. It is true that the proceedings held and orders passed hardly meet the minimum standard of natural justice on that score also de novo proceedings in the matter are imperative.
5. In this view of the matter this petition is allowed to the extent that the respondent No. 1 shall abide by the decision of the Provincial Government as incorporated in letter dated 18-5-1991 by reinstating him in service and proceeding against him in respect of the allegations of misconduct as contemplated under the law.
6. There shall be no order as to costs.