Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6--Appellant involved in shortage of store--On enquiry found innocent and another person held responsible--Enquiry held again after 2-3/4 years of appellant's retirement in his absence--Appellant, held, responsible and recovery of loss ordered against him in ex parte proceedings while other person was let off--Department avoided to mention about first enquiry /findings before Tribunal--Held: No measures should have been taken against appellant after his retirement without show-cause notice--Order against appellant quashed as being biased, illegal and unjustified. Nayyar Iqbal Ghauri for Appellant. A.G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-- Syed Muhammad Ashraf Shah has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Agriculture Department, 'as respondent. 2. By virtue of this appeal he has prayed that recovery of Rs.6,802.25 on account of alleged shortage of 91 litres Nevacuran, be cancelled as unjustified and illegal. 3. Brief facts of the case are that while the appellant was posted in Circle II Gojra District Toba Tek Singh in the year 1977, there was a shortage of 91 litres medicines used for pesticides. On this an enquiry was held and the F.A.D. Faisalabad vide his letter, dated 17-11-1980, found Mr. Muhammad Hussain, Agriculture Officer, Gojra II as responsible for the said shortage whereas he found the appellant as innocent. The appellant retired on 1-10-1980. Enquiry was conducted in his absence when the appellant had proceeded to Haj and ex parte proceedings were taken against him and he was held responsible for such shortage. His appeal was rejected by the Secretary, Agriculture, without giving him any chance to defend himself. Hence this appeal. 4. The appellant has appeared in person and has submitted that he was a very poor man with 34 years of unblemished record of service and had retired since 1980. According to the appellant, the case has been taken against him after 2-3/4 years of his retirement,…

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