Law:

Section:

Punjab Service Tribunals Act (IX of 1974)------- ---S. 4--Punjab Civil Service (Efficiency and Discipline) Rules, 1975, Rr.6, 7-A a 8--Dismissal from service--Such penalty imposed in disregard of recommendation of Authorised Officer--Service Tribunal, held, would give due weight to recommendations of Authorised Officer, same being based on cogent reasons supported by facts and figures--Penalty of dismissal being harsh and unjustifiable set aside by Service Tribunal directing re-instatement of employee in service asking such employee to pay partially for financial loss to Government. Riaz Anwar for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Said Muhammad ex-Foodgrains Inspector, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Deputy Director Food, Multan Region, Multan as well as Director Food, Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 7-12-1983, passed by respondent No. 1 be set aside and the appellant be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant was posted as Foodgrain Inspector, Dokota, Tehsil Mailsi, District Vehari, where huge quantity of wheat weighing 16,967.183 tons was stored in open in Cunjees in Chaudary Cotton Factory Dokota, from where the same was lifted from time to time, to various destinations. Ultimately a checking was done as the stock of wheat had to be cleared, it was found that shortage of 165.939 tons had occurred. The appellant was served with a show-cause notice by the Authorised Officer (District Food Controller, Vehari) who went at the spot, made enquiries and came to the conclusion that the colossal loss which had occurred in this case was neither embezzlement, theft nor for any ulterior motive. What he concluded was due to heavy rains and infestation of Khapra and Susri and attributed this due to heavy rainfall which occurred in the months of July and August in the year 1981. While concluding his inquiry he also mentioned that this fact was verified by the Deputy Director Food also besides his personal findings. He in the end…

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