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Removal from Service (Special Provisions) Regulation [C. M. L. A's 58 of 1969]- -- Para. 3-Dismissal for misconduct-Allegation of acquiring property disproportionate to known source and corruption-Evidence not proving any allegation-Dismissal order, in circumstances, set aside-­Punjab Service Tribunals Act (IX of 1974), Ss. 4 & 8. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-Mohammad Shaukat Tarar, appellant, jointed as Lawyer Magistrate, on 4-2-1954 on the basis of the recommendations of the West Pakistan Public Service Commission. On 4-12-1969 while the appellant was posted as Additional District Magistrate, Campbellpur he was summoned by Commissioner, Rawalpindi and handed over an order of suspension dated 4-12-1969 under Martial Law Regulation No. 58. On 6-1-1970 the appellant was served with a charge-sheet dated 2-1-1970 with a statement of allegations. The appellant submitted reply and appeared before the Military Tribunal. On 16-3-1970 the appellant was dismissed from service under M. L. R. No. 58 w.e.f. 27-2-1970. The appellant has filed this appeal under sections 4 and 8 of the Punjab Service Tribunals Act, 1974. 2: The following are the three charges against Mohammad Shaukat Tarar :- (i) Whereas, you, Mr. Mohammad Shaukat Tarar, P. C. S. (now under suspension), while posted as Additional District Magistrate, Sahiwal, during the year 1968 by abusing your official position and powers, improperly acquired and purchased on nominal rates, from the Islamabad Oustees, 12 squares of land in the name of your father, Mr. Raj Muhammad and subsequently by using your official influence, you, got the entire land consolidated in Chak No. 56/12-L, Tehsil and District Sahiwal, you are thus charged with misconduct. (ii) And whereas, you, in the above capacity, by abusing your official position and powers, got the metalled road 166/9-L of District Council extended by another 11½ furlongs at a cost of Rs, 1,33,300 with the ulterior motive of getting Chak No. 56/12-L, mentioned in Charge No. 1 above linked with pacca road, you are thus charged with 'mis­conduct'. (iii) And whereas, while in Government service, you acquired properties and assets in your name and in the name…

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