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Civil service---- -- Competent Authority - Misconduct-Competent Authority in matters of Patwaris is Assistant Commissioner and not Deputy Com­missioner- Consolidation Patwari guilty of misconduct-Dismissed from service by Deputy Commissioner on recommentation of Assis­tant Commissioner-Order of dismissal held to be without lawful authority. 1981 P L C 85 ref. Haji Mushtaq Ahmad 9qil for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. Date of hearing : 28th August, 1982. JUDGMENT Abdul Hameed ex-Consolidation Patwari has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order, dated 10th July, 1979, passed by respondent No. 3 dismissing the appellant from service and against the order dated 21st June, 1980 passed by respondent No. 3 rejecting the appeal of the appellant as well as against the order dated 14th September, 1981, passed by respondent No. 1, dismissing the representation/revision filed by him. By virtue of this appeal he has prayed that the earlier order be set aside and he be restored to service with all back benefits. 2. Brief facts of the case are that the appellant while posted as Ahlamad to A. D. C. Consolidation, Muzaffargarh was charge-sheeted for issuing the Robcar under his own signatures for which he was not compe­tent and moreover the Robcar which he so issued was found wrong and against the facts. The appellant submitted an explanation thereto and Assistant Commissioner, Kot Adu was appointed as Enquiry Officer in (his case. The Enquiry Officer reported on 11th August, 1978 that the charges against the appellant could not be proved for want of original record. The Assistant Commissioner Kot Adu returned the report of the Enquiry Officer, on 4th July, 1978, directing him to make a positive report. The Enquiry Officer again made a report dated 16th July, 1978, confirming the earlier report dated 11th June, 1978. This also did not satisfy the Assis­tant Commissioner who again returned the report to the Enquiry Officer with the direction to give a positive finding. The Enquiry Officer gave a positive finding that the appellant was innocent and there was no evidence to connect him…

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