Law:

Section:

Civil service------- Penalty of reduction in pay scale---Civil servant was served with a charge-sheet on allegation of embezzlement of certain amount and on proof of such allegation major penalty of reduction in pay scale by one stage was imposed on civil servant---Charge against civil servant was proved only on basis of evidence of complainant and his two employees and no independent witness was produced by prosecution---Authorised Officer also acted a$ Authority as same person (Authorised Officer) later on was promoted as Authority after he sent recommendations as Authorised Officer---Order of Authority having been passed by the same person as Authorised Officer was not sustainable especially when acting as Authorised Officer he had recommended exoneration of civil servant from all charges, but subsequently acting as Authority had ignored said recommendations---Contradictions were found in evidence produced before Inquiry Officer by prosecution--­Complaint against civil servant was lodged with tire delay of 38 days and that delay was not explained before Inquiry Officer---Civil servant had been deprived of right to put up his defence---Statement of complainant himself appeared to be of little evidentiary value inasmuch as he made different statements before different Inquiry Officers---No justification existed to sustain any of punishments imposed on civil servant in circumstances---Order imposing major penalty of reduction in pay on civil servant was accordingly set aside. Appellant in person. Kh. Haider Ali, Deputy Attorney for Respondents. Date of hearing: 23rd February, 1998. JUDGMENT The appellant Mr. Khalid Siddique was served with a charge-sheet dated 24-5-1990 by D.-G., E T, Punjab/Authorised Officer (respondent No. 2) as follows:-- "You collected Rs.43,860 and Rs.2,500 from Mr. Karamat Ali, Managing Director, Jubilee Circus on account of entertainment duty payable in respect of Jubilee Circus and well of death respectively for the shows held by them in Mela Chistian District Bahawalnagar during the period from 6-7-1989 to 7-7-1989 but deposited partial amount of Rs.9,500 in the Government Treasury and embezzled the remaining amount of Rs.34,360 with…

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