| Citation(s) |
|---|
| 2012 SLG 1196 2012 SLD 1196 2012 PLC 68 |
Service Tribunal, Punjab
Service Appeals Nos.1387, 1400, 1462, 1492 to 1496 and 1447 to 1458 of 2010, decision dated: 21st February, 2011.
JUSTICE (R) MUHAMMAD, JAHANGIR ARSHAD (CHAIRMAN)
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Service Appeals Nos.1387, 1400, 1462, 1492 to 1496 and 1447 to 1458 of 2010, decision dated: 21st February, 2011.
JUSTICE (R) MUHAMMAD, JAHANGIR ARSHAD (CHAIRMAN)
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SHAFIQUE AHMAD CHAUDHRY
VS
CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE and another SHAFIQUE AHMAD CHAUDHRY vs CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE and another
Law:
Section:
(a) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 3, 5, 6 & 10---Imposition of penalties---Appellants serving as Store Keepers, were proceeded against departmentally being guilty of misconduct and negligent in the performance of their duties under Punjab Removal from Service (Special Powers) Ordinance, 2000---Allegation against the appellants was that they incurred huge and excessive expenditure during the financial year without any lawful authority and proper control/check which had resulted in misappropriation and embezzlement---Inquiry Committee duly constituted, after completion of probe submitted its report and recommended penalties to be imposed upon appellants---Competent Authority extended penalty of reduction to the initial stage in pay scale along with recovery of 1/8th of the loss, despite the fact that none of the appellants were either deputed for the job of excavation, operation of excavation machine, checking of quality and quantity of purchased material---Job of appellants was only to enter the purchased material in the goods receipt sheet as well as stock register---Huge and excessive expenditure during the disputed financial year without any lawful authority was neither the function of store keepers to purchase spare parts nor same were purchased by the appellants without calling tenders, but despite that Inquiry Committee as well as competent Authority held the appellants guilty of said charges---While holding appellants guilty of misappropriation, neither the Inquiry Committee nor the competent Authority looked into the glaring omission about any evidence to that effect---Departmental Representative as well as Deputy District Attorney, had conceded that the only evidence on the question of financial loss to the public exchequer was the statement prepared by Executive Engineer without any corroborative evidence---Such like evidence could not be considered as a valid evidence---None of the appellants, in circumstances, could be held responsible for the acts committed by their high-ups---No evidence was on record to prove that any of the appellants made entry without verifying vouchers/receipts, regarding…
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