Law:

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Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 7-Foodgrain Inspector allegedly responsible for loss of stock-Recovery of alleged loss ordered-Fixation of responsibility and extent of loss requiring regular inquiry-No proceedings initiat­ed or processed-Impugned order of recovery of amount representing alleged loss, in circumstances, held, unjustified hence set aside and case remanded to competent authority for proceeding afresh in accordance with rules-Punjab Service Tribunals Act (IX of 1974), S. 4. Mirza Hafeez-ur-Rehman for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER). - Shahid Rasool, Foodgrain Inspector, Food Department, Punjab, has made this appeal to the Punjab Service Tribunal wherein he has impleaded the Deputy Director Food, Multan Region, Multan, as respondent. 2. The appellant has prayed that the impugned orders dated 22-5-1974 and 8-3-1982 be set aside. 3. Brief facts of the case are that, Mr. Shahid Rasool, the appellant was charged with a liability of a sum of Rs. 96,535.25 by the order of Deputy Director Food dated 22-5-1974 wherein it was ordered that 1/3rd pay of the appellant be deducted as instalment towards the payment of this amount. The appellant thus paid a sum of Rs. 9,290 out of his pay as cost of the alleged shortage of the indigenous wheat. That on 8-3-1982 the appellant was ordered payment of sum of Rs. 87,245.25, remaining amount, within a period of ten days in lump sum by an order passed by District Food Controller, Sahiwal ; as desired by the Government in the Food Department. Hence this appeal. 4. We have heard the parties. On the outset, legal objections were raised by the learned District Attorney that as no appeal was made by the appellant against the order of Deputy Director Food, dated 22-5-1974, to the appellate authority, hence the appeal is not maintainable as per section 4 (a) of the Punjab Service Tribunals Act, 1974. Furthermore, the order of recovery was passed in 1974 and the appellant has made this appeal in the year 1982 to the Punjab Service Tribunal. Thus, this appeal is time-barred for 8 years and is not maintainable. This…

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