Law:

Section:

Civil service- --- Disciplinary action -Verdict relating to charge neither men­tioned in charge-sheet nor accused confronted therewith-Not sustainable -Patwari charged for making certain entries in Register Haq Daran without getting mutation to that effect sanctioned­--No mention of any charge of corruption-Charges levelled estab­lished in enquiry-Competent authority thereafter giving verdict that accused was guilty of misconduct and corruption and passing dismissal order-Competent authority, in circumstances, held, not within his competence to give verdict of corruption without relying upon some tangible evidence and without confronting accused with same-Patwari, in circumstances, held further, guilty of negligence--­Penalty of dismissal altered to that of withholding two increments with cumulative effect-Punjab Service Tribunals Act (IX of 1974), S. 4. 1980 P L C (C. S.) 92 (1) fol. Haji Mushtaq Ahmed Aqil for Appellant. H. R. Cheema, Government Pleader for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Mr. Bashir Ahmad an ex­-Patwari has filed an appeal under section 4 of the Punjab Service Tribunal Act, 1974 against the order dated 16th July, 1979, passed by the learned Commissioner, Multan Division, read with order dated 10th April, 1980, passed by the learned Member, Board of Revenue, Punjab, Lahore, by which the appellant was dismissed from service. By virtue of this appeal he has prayed that the impugned order be set aside and he be re-instated in the post of Patwari with all the back benefits. 2. Brief facts of the case are that the appellant was charge-sheeted for certain allegations against him and the enquiry was entrusted to the Tehsildar, Lodhran, who reported that both the charges were proved against him. Accordingly he was issued a show-cause notice for major penalty on 30th April, 1979 and was afforded an opportunity of being heard in person. After hearing the appellant the Assistant Commis­sioner, Lodhran, dismissed the appellant with immediate effect finding him guilty of misconduct and corruption: His appeal was rejected by the Commissioner, Multan Division. The representation against the order of the said Commissioner was rejected by…

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