Law: Punjab Civil Servants Act, 1974 

Section: 12

Punjab Civil Servants Act (VIII of 1974) S. 12 Compulsory retirement Embezzlement and removal of stock register/receipt book Record establishing that it was a case of no evidence and there was hardly any proof whatsoever that civil servant committed alleged offence of embezzlement Department failing to produce any material evidence in support of charges levelled against accused employee Star witnesses of the case had not been examined Order of compulsory retirement was set aside being not maintainable in law and civil servant was ordered to be reinstated in service. THIS JUDGMENT DELIVERED BY: MUHAMMAD MEHMOOD ASLARN PIRZADA, CHAIRMAN:---.--- Faiz Bakhsh, ex Senior Clerk cum Cashier, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the impugned order dated 7 3 1988 and 18 6 1988, passed by the Respondents. The appellant has impleaded Dr. Gulsher Khan, Authority, B.V. Hospital, Bahawalpur, Dr. Mohammad Zubair, Authorised Officer, B.V. Hospital, Bahawalpur, Dr. Abdul Haq Nizami, Inquiry Officer, B.V. Hospital, Bahawalpur and Dr. Mehmudul Hassan Oureshi, Medical Superintendent and Appellate Authority, B.V. Hospital, Bahawalpur, as respondents. By virtue of this appeal the appellant has prayed that the impugned orders be set aside and he be reinstated in service. 2. Brief facts of the case are that the appellant while working as Senior Clerk cum Cashier; B.V. Hospital, Bahawalpur, during the period 1981 83, did not deposit the amount in Government Treasury received from: (1) Affia Godfray Rs.10,000 (2) Miss Nusrat Shcheen Rs. 3,390 (3) Mrs. Shamim Khalid Rs.10,000 The appellant did not hand over the stock register of receipt books for the year, 1980 to 10 4 1984, when he was promoted and transferred as Accountant/Cashier, General Nursing Training School, B.V. Hospital, Bahawalpur. The appellant was proceeded under the Punjab Civil Servants (E D) Rules, 1975. The Respondent No. 1 after finding him guilty of the charges levelled against him imposed major penalty of dismissal from service vide order dated 7 1988. On appeal the Respondent No. 4 keeping in view the long service of the appellant converted the penalty of…

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