Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----- R. 7-Charge-sheet-Anicndment of charge-shed-No bar to prevent withdrawing one charge-sheet and issuing another even after enquiry. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).------The appellant, Mohammad Sarfraz, was Forestor in the Forest Department, when he was dismissed from service vide order dated 26 5-1975 issued by the Divisional Forest Officer Rahimyar Khan. An appeal to the Conservator of Forests, Bahawalpur was rejected on 26-8-1975, while a revision petition made to the Government was turned down on 9-8-1978. 2. The facts of the case are that one Khuda Bakhsh put in a written complaint to the D. F. O. Rahimyar Khan that on 22-12-1973 he noticed certain Government trees being cut along the 3-R Abbasia Canal. He had brought the matter to the notice of the Range Officer concerned who told him that this was being done to facilitate a road for the benefit of the farmers. The next day he found the felled trees being carried away and on again approaching the Range Officer he was informed by the latter that this was a private matter in which the complainant need not interfere. The complainant suspected that the trees were not felled for an official purpose and stated that the Forest Guard, Faiz Mohammad, had the names and addresses of the persons to whom the trees were sold. 3. The D. F. O. ordered a preliminary investigation by the S. D. F. O., Noor Afshan Sub-Division, who reported that 49 trees had been disposed of through an illicit auction by the appellant and by Faiz Mohammad, Forest Guard and that they should be proceeded against. The D. F. O. suspended both the officials. The appellant was charge-sheeted on 7-2-1974 for inefficiency (failing to protect Government property), and for misconduct (illicitly disposing of Government property). The D. F. O., Bahawalpur, who was appointed Enquiry Officer, found the Range Officer, Ghulam Nabi, and the two suspected officials equally guilty. Later, however, the appellant was served with another charge-sheet on 4-9-1974 in which the charge was amended as "connivance at and participation in an unauthorised and unlawful auction of the 49 trees". It…

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