Law:

Section:

Civil service-------Removal from service---Re-instatement---Civil servant against whom criminal case under S. 409, P.P.C. was registered was charge-sheeted and after conclusion of departmental proceedings he, was removed from service by order of District Education Officer and departmental appeal filed before Director Education was also dismissed---Civil servant had challenged order of removal passed by District Education Officer contending that Director Education was Authority in his case and as such District Education Officer in his capacity as Authorised Officer could not impose a major penalty of removal from service nor was he competent to suspend him while no direction had been given to him by Authority which was Director Education to proceed against him --- District Education Officer had been designated as Authority as well as Authorised Officer in case of civil servant under West Pakistan Education Department (Delegation of Powers) Rules, 1962---District Education Officer, however, after acting as Authorised Officer, could not function as Authority in respect of civil servant because he could act only to the extent of Authorised officer and no more---Entire proceedings in case having been rendered invalid, order removing civil servant from service, was set aside and 'he was reinstated in service. Muhammad Ashraf Butt for Appellant. Malik Abdul Haq, District Attorney for Respondent. Date of hearing: 3rd November, 1993. JUDGMENT ABDUL HAMID KHAN (MEMBER).---While he was posted as Junior Clerk in Government Public High School, Ajnianwala, a case was registered against the appellant, Amin-ud-Din, under section 409, P.P.C. on charges of misappropriation. Subsequently, he was placed under suspension on 22-8-1988 and charge-sheeted vide orders dated 10-10-1988 by the District Education Officer/respondent No.l. The precise allegations are reproduced below: "(i) You drew irregular payments against dummy names against the vacant posts from 2/1980 to 2/1981 amounting to Rs. 63,675.39 and misappropriated. . (ii) You received payment of Teaching and Non-Teaching Staff of the School for 3/1981 payable in 4/1981 from the National Bank of Pakistan, Sheikhupura made of…

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