Law:

Section:

(a) Civil service- -- Disciplinary action - Penalty order to be based on positive evidence and not on conjectures-Confession of co-accused involving civil servant-Civil servant cannot be roped without chance of defence on basis of such statement of co-accused which always to be taken with pinch of salt. (b) Civil service- --- Disciplinary action-Statement of accused before police--Cannot be used against him. Mian Muhammad Saeed for Appellant. A- G. Humayun, District Attorney for Respondents. JUDGMENT Syed Shaukat Hussain Bokhari, Junior Clerk, Commissioner's Office, Bahawalpur, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Commissioner, Bahawalpur Division, Bahawalpur and Member (Revenue), Board of Revenue, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned orders, dated 14th December, 1983 and 13th June, 1984 be set aside. 3. Brief facts of the case are that one Muhammad Ali Shah approached the Commissioner, Bahawalpur Division, Bahawalpur for his appointment as Honorary Magistrate. However, his case was not recommended by the Commissioner and order to this effect was handed over in this Type Branch in which the appellant was working at the relevant time. He typed the order as it was and handed over the same in the relevant branch. Events disclosed that at some stage 'the order was changed into recommendation and the same was forwarded to the Home Department and on the strength of the same Muhammad Ali Shah was inducted as Honorary Magistrate. When this matter came to the notice of the learned Commissioner, Bahawalpur Division, Bahawalpur, he immediately handed over Syed Shaukat Hussain Bukhari, appellant and Abdur Rehman to the Police without registration of the case. Later on departmental enquiry was instituted against both of them in which Abdur Rehman made a clean breast of the affair and was dismissed accordingly. The appellant also came within the purview of the departmental enquiry and it was found by the Enquiry Officer that although he was not directly involved yet he did evince his interest in Muhammad Ali Shah by recommending his case to the authority. On…

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