Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 6(3)--Punjab Service Tribunals Act (IX of 1974), S.4--Misconduct--Penalty on basis of show-cause notice--No regular enquiry held against civil servant to pinpoint his misconduct--Neither authorised officer nor Authority held the civil servant guilty of charge conveyed to him in show-cause notice--Imposition of penalty viz. recovery of damage without holding civil servant responsible for the damage was unjust and arbitrary and not based on evidence on record--Order of recovery was, therefore, quashed with option to respondent, to hold a regular enquiry against appellant civil servant, keeping in view, principles of natural justice and the law laid down by superior Courts m that behalf. JUDGMENT Syed Shakeel Ahmad Shah, Food-grains Inspector, Satellite Town, Bahawalpur has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Director Food, Punjab and Deputy Director Food, Bahawalpur Region as respondents Nos. 1 and 2 respectively. 2. By virtue of this appeal Syed Shakeel Ahmad Shah has prayed that order dated 12-10-1985 passed by respondent No. 2 imposing on him the penalty of recovery of Rs.1,06,366.16 and order of respondent No. 1 rejecting his appeal may be set aside. 3. The facts of the case are that during his posting at P.R. Centre Channi Goth, the appellant purchased 4 419.400 metric tons of wheat during scheme year 1981-82 and stored the wheat stock in 44 gunjies in the open as there was no covered Government accommodation available for this purpose. The wheat stock remained in storage for a period ranging from 2 years to 2 years 6 months and 10 days. On final clearance, after sieving and standardization the appellant declared shortage as follows:- Total purchase. 4419.400 Despatches. 4,129.250 Shortage. 144.525 Damage. 93.100 Residue. 52.525 Civil Service Vide his letter No. FP/162, dated 10-12-1984 District Food Controller, Bahawalpur informed the Deputy Director Food, Bahawalpur Region (respondent No. 2) about this shortage. In the above-quoted letter after explaining reasons for shortage, damage and residue, the District Food…

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