Law:

Section:

Civil services- Misconduct-Officer charged of inefficiency due to loss sustained by Department on account of slackness of subordinate also proceeded against simultaneously-Connivance of Officer not proved-Charge against officer, simply on basis of his overall responsibility, held, considerably diluted due to absence of incriminating evidence-Penalty of recovery of loss from officer, in circumstances, set aside. Masood Ahmed Riaz for Appellant. A. G. Hamayun, Government Pleader for Respondent. JUDGMENT M. SALEEM CRAUDHARY (CHURMAN).-In this case the appellant who at the relevant side was a Block Officer in Block II of Changa Manga Forest Planta­tion, is aggrieved of the order dated 19th April 1974 of DFO Lahore Forest Division whereby after proceeding under the Efficiency and Discipline Rules, a penalty of recovery of Rs. 1,362-10-0 and stoppage of two annual increments with future effect was imposed upon him. He also impugns before us the appel­late order of the Conservator of Forests dated 18-1-1975 rejecting his appeal. 2. The facts as stated before us are that on receipt of complaint alleging some damage in Block II of Changa Manga Plantation, Mr. Muhammad. Sharif, Forest Ranger was deputed to inspect the site and prepare damage list. He after visiting the spot on 17-3-73, prepared a damage list of 14 shisham logs with a volume of 146.58 Cft. which was said to have been illicitly cut to cover up the shortage detected in the block. In addition to this the Range Officer, Tramway Unit Range also reported that 16 shisham logs measuring 642 Cft. freshly cut from Compartments No. 30 and 31 had been carried to the sales depot illicitly. The major charge, however, was based upon the report of the Range Officer, Changa Manga alleging shortage of 24,437 Cft. of firewood in Compartments 30, 31, 33 and 34 of Block 11. A further shortage of 57 Cft. of 9 shisham logs was also alleged as Sultan Mahmood, Forest Guard did not, on transfer hand over this quantity of wood to his successor. After having a preliminary carried out through Amir Nawaz Niazi, Forest Ranger, Incharge Kasur Range (who submitted his report on 20-6-1973 holding the appellant responsible for the shortage…

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