Law:

Section:

Civil service------- Recovery of loss---Wheat stocks under control of civil servant having been damaged, recovery of loss was imposed on civil servant---Enquiry was conducted in the matter and Enquiry Officer after holding enquiry had concluded that loss to wheat stocks had occurred due to non-providing of covered accommodation, heavy rains and non-disposal of stocks well in time-Enquiry Officer had recommended that loss in full could be written off--­Authorised Officer fully agreed with findings of Enquiry Officer and he too recommended that amount of entire loss could be written off---In view of report of Enquiry Officer and recommendations of Authorised Officer, Authority who was Deputy Director, Food, endorsed recommendation and sent case to Director Food for getting total loss written off from competent Authority which was Finance Department---Director Food instead of sending case to Finance Department for getting loss written-off, again sent case to Authority/Deputy Director to decide matter at his own level---Deputy Director, Director and Secretary Food were empowered to write-off losses up to rupees ten thousand per unit only, but if losses were to be written-off in toto then case was to be referred to Finance Department which alone was competent to write-off losses in full---Where Authority/Deputy Director on report of Enquiry Officer and in the light of recommendation of Authorised Officer, after completely absolving civil servants of charges had sent case to Director to get losses written off, Director instead of sending case back to authority who after deciding that civil servants were not responsible of losses and that losses should be written off had become functus officio, should have forwarded case to Finance Department for writing off entire loss---Order of Director according to which matter was again referred to Authority which had become functus officio after giving its verdict that loss had occurred due to "natural chronology and beyond compass of civil servants to control", was superfluous and not valid---Order of Authority according to which civil servant was completely absolved of charges, would remain in field. PLD 1990 Lah. 357 and 1986…

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