Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 4 (1) (b) (2) - Re-instatement - Record and enquiry report nowhere showing civil servant reporting pilferage or theft of store to police and enquiry report fully establishing charge and shortage of Government material against civil servant-Record also showing `authority' applying mindfully and independently before imposing penalty and departmental proceedings found conducted in accor­dance with Rules-Re-instatement in service of civil servant declined. M. A. Riaz for Appellant, A. G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-The appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Chief Engineer, Highways Department, Punjab, Lahore and Secretary to Government of the Punjab, Communications and Works Department, Lahore. 2. By virtue of this appeal the appellant has prayed that the impugned orders, dated 17th May, 1982/28th May, 1982 be set aside and he be re-instated in service from 28th May, 1982 with full benefits of pay, allowances and seniority etc. He has also prayed that he be allowed full pay for the suspension period. 3. Brief facts of the case are that the appellant was charge-sheeted by Chief Engineer, Highways Department, Punjab, Lahore on 30th September, 1979. Details of the charge-sheet and statement of allegations are at Annexures "A" and "B". The appellant submitted written reply to the charge-sheet to the respondent No. 1 on 18th October, 1979. The appel­lant was removed from service and was imposed the penalty of recovery of Rs. 1,34,834.34 to recover this Government loss as arrears of land revenue, vide order dated 2nd February, 1980 of respondent No. 1. The appellant filed an appeal, dated 14th February, 1980 to respondent No. 2 and the said appeal was accepted, vide his order, dated 22nd December, 1981 (Annexure "F"). It was decided therein that the appellant be re­instated in service and de novo proceedings be carried out in his case strictly in accordance with the Punjab Civil Servant E & D Rules, 1975. It was also directed in the same order that the order…

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