Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--R. 4---Constitution of Pakistan (1973), Art. 212---Charge of misappropriation---Imposition of penalty of compulsory retirement and' recovery of specified amount---Validity---No 'evidence was produced to establish charge of misappropriation of specified amount---No concrete evidence was available on record to establish negligence of civil servant with regard to matter entrusted to him by the Department---Order of compulsory retirement and imposition of penalty of specified amount on civil servant was not warranted and he was entitled to reinstatement in service with back benefits in circumstances. JUDGMENT NASIM HASAN SHAH, CJ: --This appeal by leave of this Court is directed against the order dated 19-10-1991 passed by the Punjab Service Tribunal, Lahore whereby the appeal preferred by Khadim Hussain herein against the order dated 30-7-1988 passed by the Director, Public Instructions (respondent No.l) herein was dismissed. The Director, Public Instructions in has impugned order had imposed penalties of compulsory retirement and recovery of Rs.4,250 upon Khadim Hussain appellant. The background of this case is that the appellant while posted as Secondary School teacher in Government Middle School, Chak No.58/R.B., Faisalabad was entrusted with the task of looking after the litigation of the department. During this period an order of ejectment was passed by the Rent Control Authorities for dispossession of a building occupied by the Government New Model Girls High School, Faisalabad which was under the Education Department. It is alleged that the appellant was deputed to make arrangements for the filing of a Writ Petition in the High Court against the said order. In this connection some money was collected from some of the schools in the area and it was alleged that the appellant had misappropriated Rs.4,250 from the amount entrusted to him in connection with the filing of the Writ Petition and further that he had shown negligence in pursuing the matter so that the Writ Petition was not filed with sufficient alacrity and the landlord was able to obtain possession of the school building while…

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