Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Shortage of over 47 metric tons of wheat having occurred in Government godowns in his charge, appellant Food Inspector served with show-cause notice- Appellant inter alia pleading that since godowns were newly-constructed stocks were damaged due to dampness and unsatisfactory fumigation which resulted in infestation and requesting for writing off shortage to extent of one per cent and offering to pay for the remaining shortage together with his eo-accused, Foodgrain Supervisor--Competent authority after hearing appellant and his co-accused concluding that percentage of loss was heavy ordering writing off of sum of Rs.10,000 and imposing recovery of balance on both of them in ratio of 2:1--Appellant assailing order before Appellate Authority while his co-accused paying amount of penalty imposed on him--Admitted position, as emerging from facts on record, was that there was a shortage simpliciter and it was not a case of damage to stocks as none was shown in stock clearance reports--Issues as to godown being newly constructed, incomplete and failure of fumigation were all irrelevant--Appellant having requested for writing off to extent of one per cent and offering to pay the balance weighing heavily against him--Argument that all averments in memorandum of appeal were admitted by respondent ­Department found to be fallacious--Appellant's appeal was also liable to be dismissed on ground of non-impleading of his co-accused-­Determination of extent to which appellant was liable could not be undertaken in absence of his co-accused because liability had to be fixed on either of the two--Appellant was only interested to get himself absolved of the liability and was affording full protection to his co-accused and watching his interest even in instant appeal--Appeal dismissed. (b) Punjab Civil Servants (Efficiency and Discipline). Rules, 1975- ---Rr. 5 & 6--Enquiry proceedings--Supply of copy of report of Enquiry Officer--Counsel for appellant failing to show any prejudice caused to appellant by non-supply of enquiry report--Appellant found to have never asked for a copy of report--Natural presumption that…

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