| Citation(s) |
|---|
| 1988 SLG 395 1988 SLD 395 1988 PLC 28 |
Service Tribunal, Punjab
Appeal No.97/656 of 1986, decided on 12th October, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, KH. MUHAMMAD YOUSAF AND CH. ABDUL RASHID, MEMBERS
M.A. Riaz for Appellant. A.G. Humayun, District Attorney for
Respondents
Appeal No.97/656 of 1986, decided on 12th October, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, KH. MUHAMMAD YOUSAF AND CH. ABDUL RASHID, MEMBERS
M.A. Riaz for Appellant. A.G. Humayun, District Attorney for
Respondents
MUHAMMAD SALEEM AKHTAR
VS
DEPUTY DIRECTOR FOOD, GUJRANWALA REGION, GUJRANWALA and another
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Penalty of recovery of loss sustained by Government--Appellant, a Foodgrains Supervisor, was imposed penalty of recovery of price of wheat found short in godown in his charge--Plea of appellant that enquiry was, held, in 1977 and the charge was dropped not supported by any evidence--Respondent-Department in written statement clarifying that recovery orders issued by District Food Controller were withdrawn as the same were issued without proper proceedings and without observing conditions precedent and that the said officer was directed to conduct proper enquiry and submit findings to competent authority--No illegality found in such proceedings--Use of words "charge-sheet" in show-cause notice served on appellant did not vitiate proceedings as not only notice itself was clear but appellant also took it as show-cause notice and did not object to it in departmental appeal--Plea of appellant that roofs of godowns had been leaking heavily and he had been requesting for repairs of the same and since repairs were not carried, it resulted in infestation of stocks and shortage not supported by any evidence--Contention of appellant that fumigants were not supplied also belied by the fact that godowns containing more than 80$ of wheat were duly fumigated--Appellant, held, was negligent in performance of his duties resulting in shortage and loss to Government--Appeal dismissed. JUDGMENT CH. ABDUL RASHID (MEMBER).--Mr. Muhammad Saleem Akhtar, Foodgrains Supervisor, Food Department has filed this appeal a/s 4 of the Punjab Service Tribunals Act, 1975 against the recovery of loss to Government of Rs.70,823.89. He has impleaded the Deputy Director Food, Gujranwala Region and Director Food, Punjab as respondents in this Appeal. 2. A penalty of recovery of Rs.70,823.89 was imposed on the appellant vide order dated 12-5-1985 being price of 1563-17-0 Mds of wheat, which was found short in his charge while posted as Foodgrains Supervisor, Food Department. The appellant assailed this order through departmental appeal before Director Food, Punjab. The appeal was rejected by the Respondent No. l vide his order dated 21-12-1985. 3.…
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