Law:

Section:

Civil service- -- Dismissal for misconduct-Manipulation of record with ulterior motive charged-Charge neither proved on evidence nor on examina­tion of record-Enquiry Officer also not holding accused of himself guilty of alleged manipulation-Case built merely on presumption­-Dismissal order, in circumstances, held, not sustainable-Punjab Service Tribunals Act (IX of 1974), S. 4. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant, Mohammad Yaqub, was a Patwari posted at Choah Saidan Shah when he was charge-sheeted for in­terpolating in the revenue record in order to effect payment of compensation of land acquired for Government purposes to un-entitled persons and for preparing qabzul wasool in favour of these un-authorised persons. He was found guilty and dismissed from service vide order of Assistant Commissioner/Collector, Pind Dadan Khan, dated 5-6-1979. Simultaneously, he was charged with having remained absent from duty from 28-12-1978 to 5-1-1979 and found guilty. On appeal, the Commissioner Rawalpindi Division, held the appellant guilty but, in view of his long service, converted the punishment into compulsory retirement vide his order of 30-7-1979. 2. Brief facts of the case are that a piece of land from Khasra No. 4263 was to be acquired for construction of a micro-wave station (Scheme No. 1) and more than 18 kanals from Khasra No. 3407 for the approach road to the station (Scheme No. 2). Both parties from the two Khasra numbers covered shamlat land which was mentioned in the record as ghair mumkin pahar and being uncultivable was in nobody's physical possession. Changes about ownership were made in the relevant Jamabandis after notification of the acquisition proceedings, these changes being illegal and void and the appellant is stated to have paved the way for payment of compensation for this land to un-authorised persons by preparation of qabzul wasool in the name of un-entitled persons. 3. The parties were heard and the record examined. It was urged on behalf of the appellant that be had not made any changes in the revenue record and that he had carried out the acquisition proceedings and payment of compensation according to the record available…

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