Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- Rr. 4, 6 & 7-Patwari charged for making incorrect report about land record-Allegation of mala fide and interpolation in record neither mentioned in charge-sheet nor supported by evidence ­Findings based upon mere conjectures regarding such allegations­ Punishment of removal from service on basis of such enquiry report, held, not justified - Charge of irregularity of making incorrect report having been proved, held, did not warrant extreme punishment of removal from service-Penalty converted into that of reduction of pay by four stages. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-----In this case, the appellant an ex­ Patwari, is aggrieved by the order of Collector (Assistant Commissioner), Narowal, dated 10-3-1979, and the order of the Commissioner, Lahore Division, dated 27-6-1979, removing him from service. 2. Briefly the facts of the case are that the appellant during the period 30-4-1975 to 31-4-1975 remained posted in Circle Dhamthal, Tehsil Narowal, as Patwari. It is alleged that he on 13-4-1975 on application No. 37444 presented by one Boota son of Feroze Din son of Labhoo, a refugee from Jammu & Kashmir State, reported that the land bearing Khasra No. 1916, 1917, 1925, to 1929, was available for allotment and he recommended that the same may be allotted to him. The land in question was accordingly allotted to the aforesaid Muhammad Boota, vide Khata No. 35, who after depositing the requisite amount was granted the proprietary rights of the same. However, the same land stood already allotted in favour of Feroze son of Mithu against application No. 27626 on the basis of the report dated 3-2-1975 of his predecessor Sain Ahmad Patwari, Feroze son of Mithu had also likewise deposited the Government dues and had become the owner of the same. The appellant was charged for negligence and gross misconduct for making a false report in favour of Muhammad Boota aforesaid. 3. The matter was noticed during a probe held by Lai Din Rafiq, Tehsildar, Narowal, who reported the matter to the Assistant Commissioner, Narowal on 27-12-1978. On 1-1-1979, the Assistant Commissioner, Narowal, directed that action…

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