Law:

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Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- --- R. 6(4) - Enquiry - Dispensing with requirement of - Patwari charged of falsifying revenue record - Charge based merely on circumstantial evidence Allegation provable only by proper enquiry­--Dispensing with enquiry, in circumstances, not approved by Service Tribunal-Dismissal order consequent to show-cause notice set aside and case remanded for fresh decision after proper inquiry. Dost Muhammad v. Deputy Commissioner, Multan 1980 P L C (C. S.) 613 and Mubarak Ahmad Malik and 4 others v. Federation of Pakistan 1980 P L C (C. S.) 418 ref. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant, Nazir Ahmad, was Patwari of Patwar Circle Amar Sidhu in Tehsil Lahore when he was dismissed from service vide older dated 23-1-1978 of the Assistant Commissioner/Collector, Sadar Sub-Division, Lahore, under rule 8 of the Efficiency and Discipline Rules, 1975, for falsifying the revenue record. His appeal before the Commissioner, Lahore Division, teas dismissed on 24-6-1978 while a representation to the Member, Board of Revenue was rejected on 8-3-1979. 2. Brief facts of the case are that on 16-9-1976 the Assistant Commis­sioner issued instructions that a gang of cheats and forgers -was active in the area and that in order to prevent mischief on their part no mutation of change of ownership from the Government in favour of any transferee should be entered or sanctioned unless the A. C. verifies the genuineness of such allotments. The appellant entered three mutations in village Charar, Tehsil Lahore, in respect of transfer of evacuee land without prior verifica­tion by the A. C. The date on the mutations entry was 10-9-1976. The mutations were checked by the Girdawar and sanctioned by the Revenue Officer (Tehsildar, Lahore) on 15-9-1976. It is contended by the respondents that the entries were ante-dated purposely, in collusion with the Kanungo and the Tehsildar, in order to circumvent the A. C.'s instructions of 16-9-1976 and were made in order to benefit the so-called transferees and thereby cause huge loss to the Government. 3. The parties were heard and the record was examined. It was contended on behalf…

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