Law:

Section:

(a) Punjab Service Tribunals Act (1X of 1974)-- ---S. 4--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.6--Embezzlement of funds--Charge of--Regular enquiry resulting in imposition of penalty--Plea of civil servant regarding practice of loaning of money from one Head of Account to another Head of Account, held, was against provisions of any rule or instruction of Government--No malice and prejudice on behalf of Enquiry Officer, Authorized Officer and competent Authority was established on record--Infliction of penalty of recovery compared to gravity of charge would incline to lenient side--No ground to interfere with order passed by Authority were shown to exist--Appeal would not be competent in view of lenient view already taken by competent Authority. Ch. Muhammad Akram Zahid for Appellant. A.G. Humayun District Attorney for Respondents. JUDGMENT FAIZ KARIM (MEMBER).--- Ikramul Haq, Headmaster, Government District Public High School, Narwala Bangla, Faisalabad, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order, dated 28-5-1985 passed by the Secretary Education, Government of the Punjab vide which the recovery of Rs.9,908.65 was to be effected against the appellant. The Government of the Punjab through the Secretary, Education Department, Lahore, the Secretary Education, Punjab, Lahore and the District Accounts Officer have been impleaded as respondents Nos.l, 2 and 3 respectively by the appellant. 2. Through this appeal the appellant has prayed that the impugned order, dated 28-5-1985 may be set aside. 3. Brief facts of the case are that the appellant was-charge-sheeted as follows:- "That the appellant lkramul Haq while posted as Headmaster, Government Pakistan Model High School, Faisalabad. Charge No.l were transferred from Govt. Pakistan Model High School, Faisalabad to Govt. Jamia Siddiqia High School, Chak No.316/ G.B. (Faisalabad) but you did not join there and deliberately defied the lawful orders of your transfer dated 28-8-1979 and as such you are wilfully absent from the station of your present posting uptil now. Charge No.2 did not hand over the charge of School articles/ record of…

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