Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- --- S. 4--Disciplinary matter - Official found responsible for mis­appropriation and shortage of stores in his custody-Shortage established from charge-report indicating that same not handed over to successor but explained by certain remarks-Charge proved in departmental enquiry conducted with full defence opportunity­-Penalty of dismissal from service and recovery of shortage, in circumstances, upheld and interference refused by Service Tribunal. Abdul Hamid Khokhar for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER). - Sheikh Ataul Haq, the ex-Oversear of Punjab Public Health Engineering, Department, has filed this appeal under section 4 of Ahe Punjab Service Tribunals Act, 1974, in which he has impleaded the Punjab Province, through the Secretary to Government of Punjab, Housing and Physical Planning Department, Lahore, The Chief Engineer, Punjab Public Health Engineering Department, Lahore the Superintendent Engineer, Public Health Engineering Circle, Multan and the Superintending Engineer, Public Health Engineering Circle, Bahawalpur as respondents 2. By virtue of this appeal the appellant has prayed that order of his dismissal dated 12-5-1973 passed by respondent No. 3 may be set aside being illegal, ultra vires, and having no legal effect. Also orders of the recoveries as per details given in his appeal be set aside. 3. Facts of the case are that the appeal was instituted before this Tribunal earlier and the same was disposed of, dated 27-1-1975, with the order that the appellant should first prefer an appeal before the Chief Engineer. The Chief Engineer informed the appellant on 14-2-1976 that his appeal had been considered and rejected ; but the Tribunal did not agree with the decision. On 9-3-1976 again the Chief Engineer was directed by the Tribunal to issue notice to the appellant who may be pro­vided a chance of personal hearing and thereafter special order should be passed dealing with all contentions which may be raised by the appellant before him. The Chief Engineer heard the appellant on 20-1-1980, vide his letter No. 463/E (4) dated…

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