Case Details

Citation(s)
1981 SLG 2071 1981 SLD 2071 1981 PLC 150
Service Tribunal, Punjab
Case No. 179 of 1979, decided on 2nd November, 1980.
M. SALEEM CHAUDHRY, CHAIRMAN, S. HAFEEZ-UR-REHMAN AND ZAWAR HUSSAIN MALIK, MEMBERS

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MAQBOOL AHMED

VS

COMMISSIONER, MULTAN DIVISION AND ANOTHER

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)---- -- S. 4-Disciplinary action-Charge of deposit of Government dues in wrong head and payment thereof subsequently to unauthorised persons proved on record-Penalty of dismissal altered to that of removal from service by departmental appellate authority-­Benefit of extenuating circumstances if any already allowed in departmental appeal-Further interference by Tribunal refused. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN)--In this case the appellant, Maqbool Ahmed an ex-Siah Niwees (sub-Accountant, Okara) has come up against the order of the Commissioner, Multan Division, dated 30th September, 1979 dismissing him from service as Siah Nawis and the order of the Secretary; Finance Department the, appellate authority dated 11th April, 19719, whereby, the dismissal was modified into removal from service. 2. Briefly; the facts of the case are as follows: While posted as Siah Nawis in the Okara Sub-Treasury in 1975, the appellant is said to have paid out Government money to two persons, Shamshad Ali and Abdul Qayyum, who were not entitled to receive it. This money was to be paid out as refund to those persons who had- initially deposited it with the Government as payment for diesel oil. It is said' that the appellant credited the money, amounting to Rs. 37,650 at two different occasions. i.e. (Rs. 26,400 plus Rs. 11,250 against 30 and 12 diesel refund vouchers respectively) to the head "Revenue Deposit (Provincial)", Which was trot the correct head of account, without orders of the competent authority, and finally paid out the proceeds through refund vouchers signed by him instead of by the Sub-­Treasury officer, to Shamshad Ali and Abdul Qayyum. 3. The parties were heard. Mr. Abel Saroia, who was District Accounts Officer, Sahiwal at the time of the occurrence, stated, on behalf of the respondents; that the appellant had unauthorisedly deposited the amount in question to the head Revenue Deposit (Provincial)" and disbursed it to the two…
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