Case Details

Citation(s)
1980 SLG 1433 1980 SLD 1433 1980 PLC 472
Service Tribunal, Punjab
Case Nos. 8/105 of 1978, decided on 18th January, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN, KHALID FARUQ AND A. H. ASLAM, MEMBERS

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SHAHBAZ ASHRAF KHAN CHEEMA

VS

COMMISSIONER, SARGODHA DIVISION AND ANOTHER

Law:

Section:

Civil service- -- Disciplinary action--Departmental enquiry-Oral evidence--­Cannot supersede written evidence-Preliminary probe by witness indicating in written report accused having not committed act forming basis of charges for any ulterior motive but being merely an irregularity-In oral statement from memory same witness describing such act as fraudulent --Enquiry Officer failing to confront witness with his earlier written report-Accused, in circumstances, held, could be held guilty of mere irregularity without ulterior motive-­Minor penalty, held, sufficient-Penalty of compulsory retirement reduced to that of stoppage of one increment. Khalid Ranjha for Appellant. A. G. Hamayun, Government Pleader for Respondent. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).--The appellant who is an Ex. Naib-Tehsilder impugns the order dated 13th May, 1975, by the Com­missioner, Sargodha Division, retiring the appellant from service and the appellate order dated 28th April, 1976, by the Senior Member, Board of Revenue, rejecting his appeal. The facts leading to this appeal, as stated before us, briefly are, that the appellant joined service as Naib-Tehsildar (under-training) on 2nd June 1968, and after completion of his training took over as Naib ­Tebsildar in Tehsil Jhang on 20th December, 1969. During the routine performance of his duties in this post he visited village Ratta Matta on 10th December 1970, as well as on 25th January 1971. Amongst other official functions performed by him during these tours he carried out attestations of mutation Nos. 276 to 281 on 10th December, 1970, and Mutations Nos. 283 to 286 and 289 on 25th January, 1970. He also made oral announcement of the aforesaid mutations on tire spot. Although orders of these mutations were announced but he did not record the attestations in writing on the spot and did it later on. According to the appellant two dates of attestations got mixed up in his mind and he, from his memory, recorded the date of attestation for Mutations Nos. 276 to 281 on. 25th January 1971, but after consulting his diary and notes he .found this date to be incorrect and corrected it to 10th December, 1970, by striking of the original date…
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