Law:

Section:

Civil service- --Disciplinary action-Strong presumption in favour of prosecution case in absence of evidence to show that accused made victim of conspiracy-Dismissal order impugned on plea of malice on part of competent authority-Record indicating sufficient proof to establish charge of misconduct--Charge established in departmental enquiry-Nothing to establish ill-will or malice-Interference, in circumstances, refused by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), Ch. Abdul Rashid for Appellant. A. G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABHAR KHAN (CHAIRMAN).- Ahmad Din, ex-Chaukidar, Government Commercial Institute, Sialkot, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Principal, Government Commercial Institute at Fort, Sialkot City, Director Technical Education Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the order of dismissal dated 26th January, 1982 and appellate order dated 4th February, 1982, be set aside and he be reinstated in service. 3. Brief facts of the case are that the appellant was appointed as Chowkidar on 1st July, 1973 and served the Department for about 12 years. The appellant was charge-sheeted on 20th January, 1982. He submitted his explanation on 25th January, 1982. An enquiry was held and Mr. Abdul Hafiz, Enquiry Officer, after recording evidence, found him guilty of the charges and recommended stern action against him. The competent authority gave him personal hearing and after going through the report as well as the circumstances of the case, dismissed the appellant from service on 26th January, 1982: He filed appeal before the Director, Technical Education, Punjab, Lahore, who also rejected the same on 4th September, 1982. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the Principal himself who passed the impugned order and have perused the record of this case carefully with their assistance. 5. Learned counsel for the appellant mainly based his case on malice, which according to him, was in the mind of the competent…

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