Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- ---S. 4--Disciplinary action--Dismissal for misconduct of misappropriation--Patwari alleged to have not deposited amount received towards mutation fee--Complainant from whom amount alleged to have been received not connected with transaction of mutation- -Patwari from very inception denying allegation and claiming to have not issued any receipt to complainant--No effort made to prove signature of accused on receipt alleged to have been issued by accused--Amount of mutation fee subsequently deposited by actual transferee of land--Despite summons complainant whose evidence forming basis of action not appearing before Service Tribunal--Accused, in circumstances, held, wrongly held guilty and impugned dismissal order set aside by Service Tribunal directing re--instatement of appellant with all back benefits. M . Rahim for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Mushtaq Ahmad, ex-Patwari, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Commissioner, Bahawalpur Division, Bahawalpur and the Assistant Commissioner, Sadiqabad Sub-Division, District Rahimyar Khan, as respondents. 2. By virtue of this appeal he has prayed that the impugned orders. dated 12-12-1981 as well as 10-3-1982, passed by the respondents, be set aside and the appellant be re-instated in service with back benefits 3. Brief facts of the case are that the appellant in the year 1981, posted as Patwari Halqa 236/P, Tehsil Sadiqabad, was served with a charge-sheet by respondent No. 2 which contained the following charges:-- (1) 'while posted as Patwari Halqa Peeran Bhutta you received Rs.2,706 on 27-3-1979 on account of fee for the Mutations Nos. 738, 739 and 740 of Mauza Peeran Bhutta from Abdul Razzaq son of Muhammad Shafi and issued a receipt. (ii) You did not deposit the amount received by you on account of mutation fee and misappropriated the same." The appellant submitted detailed reply to the charge-sheet. A departmental inquiry was held in the matter by Tehsildar Sadiqabad. On 28-11-1981, the appellant was served with a show-cause notice as to why penalties…

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