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Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6--Punjab Service Tribunals Act (IX of 1974), S.4--Foodgrain Supervisor charged for shortage of stores--Recovery of alleged loss imposed by adopting show-cause notice procedure--Written complaints and requests by employee about insufficient arrangements of proper storage--Enquiry Officer, held, was not justified to impose penalty without pinpointing either inefficiency or act of misappropriation by employee--Imposition of penalty would not be justifiable and resultantly was set aside by Tribunal. Sadiq Ahmad Khan and M.A. Zafar for Appellant. Ghulam-us-Sayyadain Dy. District Attorney for Respondents. JUDGMENT Rashid Ahmad, Food-grains Supervisor, has filed this appeal under' section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Director Food, Punjab, Lahore, Deputy Director Food, Bahawalpur Region, Bahawalpur and the District Food Controller, Rahimyar Khan as respondents. 2. By virtue of this appeal he has prayed that his appeal be accepted and impugned order dated 9-4-1985, be set aside. 3. Brief facts of the case are that the appellant was employed as a Food-grain Supervisor and was posted at Purchase Centre Tardinda Muhammad Panah. During the year 1983-84 he purchased 5519.785 tons of wheat out of which 4794.685 tons was stored in 17 Gunjies. On final clearance of stocks a quantity of 87.780 tons was found short. On this the Deputy Director Food asked the District Food Controller, Rahimyar Khan to proceed against the appellant under the Efficiency and Discipline Rules, 1975, and to submit report for further action. The District Food Controller, Rahimyar Khan issued show cause Notice to the appellant charging him with inefficiency, negligence and misappropriation. After formal enquiry respondent No.3 submitted his report to Respondent No-2 to the effect that shortage was due to rains and storage of wheat in the open. He however, recommended that loss to a reasonable extent be written off. On receipt of the report Respondent No.2 observed that the loss caused to Government was abnormal, therefor:, he ordered that shortage upto the extent of 0.5% in each Gunji be…

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