Case Details

Citation(s)
1981 SLG 2065 1981 SLD 2065 1981 PLC 143
Service Tribunal, Punjab
Case No. 349 of 1977. decided on 24th September, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN AND S. HAFEEZ-UR-REHMAN, MEMBER

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MUHAMMAD SARWAR

VS

DISTRICT COLLECTOR, SAHIWAL ETC.

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Compulsory retirement-Departmental appeal rejected by authority not empowered to decide appeal - Appeal, in circumstances, accepted by Service Tribunal and case remanded for decision by competent authority. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN). -Mohammad Sarwar, the appellant, an ex-Patwari, was compulsorily retired from service vide order dated 20th December, 1976 issued by the District Collector, Sahiwal, and his appeal was rejected by the Additional Commissioner (Consolidation), Multan, on 27th October, 1977. The charge against him was that he helped his successor, Abdul Rehman, Patwari, Halqa Shergarh, District Sahiwal, to deprive one Saeed s/o Dherwal of land allotment by writing with his own hand a new 8 pages of the Khasra Girdawari register and interpolating them in place of the original 8 pages, thereby benefiting Karamat Ullah and Ghulam Haider. During the enquiry ordered by the Collector, Sahiwai, the appellant admitted having written the 8 pages but contended that he had no knowledge of the purpose for which Abdul Rehman was getting him to copy out the pages. It was submitted on behalf of the appellant that he was no longer Patwari of Halqa Shergarh when the interpolation was made by him. It was also submitted while admitting the interpolation, that the corresponding change was not made in the Roznamcha Waqiati, which is written simultaneously with the Khasra Girdawart, and had the appellant any bad intention of tampering with the revenue record, as alleged, he would have amended the Khasra Girdawari also. In the order dated 20th October, 1977 the learned Additional Commissioner (Cons.), Multan, stated his…
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