| Citation(s) |
|---|
| 1987 SLG 1199 1987 SLD 1199 1987 PLC 487 |
Service Tribunal, Punjab
Case No. 674/366 of 1985.
SARFRAZ HASAN, MEMBER
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Case No. 674/366 of 1985.
SARFRAZ HASAN, MEMBER
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ABDUL QAYYUM NIAZI
VS
DEPUTY DIRECTOR, FOOD, MULTAN REGION and another
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --Rr.5 & 6--Imposition of recovery--Appellant, a Foodgrain Inspector. Challenging orders imposing punishment of recovery for loss of shortage of wheat--District Food Controller in his finding not holding appellant guilty of negligence but at the same time recommending that fifty per cent. of shortage be written off and remaining fifty per cent, be recovered from appellant, ignoring thereby fact that wheat was damaged by rains and that appellant had submitted complaints to higher authority about substandard wheat and had taken other precautionary measures by fumigating godowns which were filled beyond their approved capacity--Appellant was, held, responsible without applying any objective criteria to determine extent of his negligence--Penalty of recovery was imposed on basis of a show-cause notice only without holding any regular inquiry to determine, extent of appellant's negligence and appellant was denied a reasonable opportunity to defend himself properly--Held, orders of imposition of recovery were arbitrary and against rules of natural justice--Orders set aside in circumstances. P L D 1954 Sind 109 rel. Riaz Anwar for Appellant. Khurshid Akbar Cheema, Deputy District Attorney for Respondent. JUDGMENT Abdul Qayyum Niazi, Foodgrain Inspector, Kacha Khuh, District Khanewal has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded Deputy Director, Food Multan Region and Director Food, Punjab as respondents. 2. By virtue of this appeal, Abdul Qayum Niazi has prayed that order, dated 10-3-1985 passed by Deputy Director Food, Multan Region (respondent No.1) imposing recovery of Rs.70,079,07 and order, dated 20-7-1985 passed by Director Food, Punjab (respondent No.2) rejecting his appeal may be set aside. 3. The facts of the case are that during the procurement scheme 1982-83 when the appellant was posted at Procurement Centre, Kacha Khuh, 5064.325 tons of wheat was stored in bulk in 8 house-type godowns during May-June 1982. However, on final clearance in March 1984, a shortage of 64.175 metric tons was found and reported in form No.SF.26 in…
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