Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6(3)--Show-cause notice--Dispensing with regular enquiry-­Justification for--Assistant Food Controller charged for mis­appropriation of sugar bags found short in store under his supervision--Earlier on report of accused officer regarding theft of sugar bags regular enquiry, held, findings whereof indicating that sugar was stolen by Chowkidars and such Chowkidars were imposed different penalties by Deputy Director--Such enquiry nowhere indicating that accused officer was in any manner involved in theft/ shortage--Penalty of recovery of alleged loss and stoppage of annual increment for two years imposed on recommendations of same authority as Authorised Officer who inflicted punishment upon Chowkidars-­Contention that regular enquiry was not considered necessary in case of Assistant Food Controller (accused) because he himself gave written undertaking to deposit cost of sugar bags found short--Such written undertaking nowhere admitting alleged miss-appropriation and alleged to have been obtained under duress--Written undertaking having been obtained in peculiar circumstances under undue influence, held, stood vitiated and such void document could not form basis of show-cause notice procedure--Competent authority in presence of detailed enquiry into theft charge against Chowkidars, held, was not justified in ignoring the same and case, in circumstances, was that of lack of proper application of mind by Authorised Officer and Authority much less of justification for show-cause notice procedure--Assistant Food Controller, in circumstances held, was not guilty of misappropriation but had been delinquent and slack in having effective control over his subordinates--Order of recovery of alleged loss set aside but penalty of stoppage of increments maintained by Service Tribunal. P L D 1974 S C 393; P L D 1962 (W.P.) Kar.409 and P L D 1965 (W.P.) Lah.729 rel. JUDGMENT Muhammad Yasin Bhatti, Assistant Food Controller, has moved this appeal under section 4 of the Punjab Service Tribunals Act 1974, wherein he has impleaded the Director Food, Punjab, Lahore and the Deputy Director, Food, Lahore Region,…

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