Law:

Section:

Civil service-------- --- Negligence-- Appellant dismissed from service on charge of negligence and fabricating documents--On departmental appeal exonerated from main charge--Punishment reduced to stoppage of two increments--Plea of penalty being harsh and, in circumstances of case unjustified, accepted by Tribunal--Appellant, held, .responsible in derelicting of his duties-­Punishment altered to censure. Shamsher Abbas v. Member (Revenue), Board of Revenue, 1981 P L C (C.S.) 660 and A.U. Musarrat v. Government of West Pakistan, PLD 1977 S C 24 rel. Syed Jamshed Ali Shah for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondent. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).--Mr. Muhammad Saeed Gurchani has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded Board of Revenue, Punjab, Lahore, as respondent. 2. By virtue of this appeal, the appellant has prayed that the impugned order of the full Board, Board of Revenue, Punjab, Lahore, dated 27-10-1981 be set aside and the appellant be exonerated of the charge. 3. The facts of the case are that Mr. Muhammad Saeed Gurchani, the appellant was working a Tehsildar Vehari in the year 1978. A complaint was lodged before the Commissioner, Multan Division, Multan, that the appellant had not been performing his duties properly and certain mutations decided by him had not been consigned to the Tehsil office. The Addl. Deputy Commissioner (Consolidation), Multan, was deputed to look into the allegations and to send his report. He made a surprise visit to the office of the Tehsildar Vehari on 20-11-1978 and found, 85 decided mutations which were not consigned to the Teshil office. The appellant was called upon to explain his position. In reply he stated that he had consigned the mutations in question with the office Kanungo since long who had placed them in a safe and the same also stood entered in the receipt register of mutations. On a thorough probe it was found that above mentioned register of mutations had been got prepared subsequently, in order to get out of the position, the appellant found himself in. He was, therefore, charge-sheeted by the Commissioner…

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