Law:

Section:

Punjab Civil Servants. (Efficiency and Discipline) Rules, 1975-- --Rr. 4 & 8-Penalty-Quantum of punishment-Patwari charged of making unauthorisedly incorrect entry in Roznamcha Waqiati regarding self-cultivation-Charge proved but neither any mala fide nor ulterior motive attributed-Accused himself realising his mistake making entry that cultivation matter was disputed-Mitigating circumstances, held, did not call for extreme penalty of dismissal in circumstances-Penalty of dismissal altered to that of withholding of increments for 3 years with cumulative effect by Service Tribunal- Intervening period ordered to be treated as extraordinary leave without pay on re-instatement-Punjab Service Tribunals Act (IX of 1974); S. 4. Syed Jamshed Ali for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-Muhammad Yousaf ex-Patwari of Gujranwala has filed this appeal under section 4 of the Punjab Service Tribunal Act 1974, in which he has impleaded the Commissioner, Lahore Division, Lahore and the Assistant Commissioner /Collector, Sadar Sub­-Division, Gujranwala as respondents. By virtue of this appeal he has prayed that the impugned orders dated 11-2-1982 and 22-5-1982 be set aside and he be re-instated into service with all the back benefits. 2. Brief facts of the case are that while the appellant was working as Patwari Halqa Talwandi Kahajoorwali, Tehsil and District Gujranwala, respondent No., 2 served him with a charge-sheet alongwith the statement of allegations to the effect that while he was posted as a Patwari Circle Talwandi Kahajoorwali in the year 1978, he with ulterior motive, made an incorrect Girdawari in the name of Habib Ullah showing the land comprising Khasra Nos. 740,744 and 745 (9 kanals) as under the self cultivation of the said Habib Ullah vendee in Kharif 1978 although the land was being cultivated by Raj Muhammad and the necessary entry to that effect was also made. It was further alleged that due to the incorrect Girdawari in the name of Habib Ullah, he trespassed into these fields on 8-12-1978 and ploughed the wheat and gram crop sown by Raj Muhammad thus caused wrongful loss to Raj…

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