Law:

Section:

Civil service- --Misconduct against retired official-Appellant charged with over payments-Recovery ordered unilaterally after his retirement without affording opportunity of defence-Payments found permis­sible under rules and no exception taken thereto by Audit-Order of recovery against appellant set aside by Tribunal, as unjustified and illegal, holding; that when a Government servant is retired from service, no action could be taken against him for misconduct alleged to have been committed during course of service, without show­-cause notice. Abdul Hamid Khokhar for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN)- Muhammad Sharif has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, against the orders issued by the Director of Food, Punjab, Lahore vide his No. AB-I (s) 32/81, dated 10th April 1982, to the address of the Deputy Commissioner, Lahore and a Notice from Tehsildar Lahore, dated 12th July, 1982, by which he has been called upon to pay Rs. 44,607.80 on account of over payment to sellers. He has impleaded the Punjab Province through the Secretary to Government of Punjab, Food Department, Lahore and the Director of Food, Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned order be set aside and the recovery of Rs. 44,607.80 be waived off. 3. Brief facts of the case are that the appellant was working as Assistant Food Controller in the Food Department and retired from service in the year 1980. In 1971-72 Wheat Procurement Scheme the appellant was posted at Daska, District Sialkot, and the wheat was stored in the private godowns of Ahrtis/sellers taken on no rent basis under instructions of District Food Controller, Sialkot. A special audit was conducted by a Senior Auditor Mr. Rehmat Ullah under Government order regarding wheat purchase for scheme year 1973-74. In para. 9 of the said audit report that a sum of Rs. 38,614.50 was paid to the sellers as permissible under para. 42 of Wheat Procurement Scheme. However, the Accountant-General Punjab also conducted audit of Wheat Scheme 1973-74 after the special audit by the Food Department…

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