Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- ------- S. 4 - Disciplinary action - Compulsory retirement - Charge -Temporary embezzlement - Naib-Tehsildar charged for delayed deposit of sale price of Forms sold to public-Explanation that delay was due to serious illness of son and further that such delay was common in practice--Conduct indicative of simple default involving no dishonest design-Case, in circumstances, held, did not call for extreme punishment -Penalty reduced to stoppage of two increments. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-----Pir Mohammad Yasin Chishti, Naib-Tehsildar was serving in May 1975 as Colony Naib-Tehsildar, Dunyapur, District Multan. He was charge-sheeted on two counts. The ADC(G) Multan was appointed as Enquiry Officer. Out of the two charges levied against him, the ADC(G) exonerated the appellant in the first charge relating to the loan of Rs. 5,500 said to have been obtained by the appellant out of the sale proceeds of property of Mr. Naseb Khan, a defaulter in payment of Agricultural Batik Loan, but found him guilty on the second charge which related to the sale of forms for five Marlas Plot Scheme. It is alleged that the sale proceeds amounting to Rs. 10,020 were kept by him for a period of three months which amounted to temporary embezzlement. The Commissioner also held him guilty on this charge and on 12-10-76 ordered his removal from service. The appeal of the appellant to the Board of Revenue was also dismissed on 12-4-1977. We have heard both the parties. The appellant contends that owing to the fact that…

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