Law:

Section:

Civil service- --- Disciplinary action--Existence of guilty intention-Cardinal principle of criminal justice-Equally applicable to proceedings resulting in some sort of penalty-Omission forming basis of charge-­sheet pointed out by accused himself-Main witnesses not produced allegedly for reasons that in cross-examination defence plea would have been supported--Guilty intention not proved--Penalty impos­ed, in circumstances, set aside. Mansoor Ahmed for Appellant. Syed Mohammad Shahudul Huque for Respondent. Date of hearing : 21st January, 1979. ORDER N. A. CHOUDHURY (MEMBER).-The appellant entered in service in 1964 as Enquiry Clerk in Pakistan P. W. D., and in the year 1967, he was assigned the work of Accounts Clerks which he continued up to 1973. Lastly on the creation of a new Circle, comprising, of three Divisions, the appellant was posted as Accounts Clerk in one oaf the Divisions. As there was great paucity of trained staff, the Superintending Engineer, vide his orders dated 18th June, 1975 directed the appellant to work for all the three Divisions which the appellant complied with. Due to the heavy pressure of work, the appellant applied for 15 days leave which was essential for restoration of his health, but the leave was refused. 2. On 8th August, 1975, some tenders for contractual work were opened and the appellant was required by the concerned Executive Engi­neer to make necessary entries in the Tender Register in the presence of the Executive Engineer. According to the procedure, M/s. Dogar Co., being the lowest bidder, was to deposit an earnest money of Rs. 20,000 Inadvertently, a call deposit cheque for Rs. 20 only was deposited by them, which due to rush of work, could not be verified and the appellant made the entries accordingly. This was later on detected and the omission got rectified. 3. The Executive Engineer who was mainly responsible for all the maintenance of record and tender processing, and also the mishap, managed to shift the burden on the appellant, by issuing a show-cause notice dated 13th January, 1976, after five months of the incident. 4. The appellant submitted his reply on 3rd February, 1976. The Executive Engineer asked the…

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