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Constitution of Pakistan (1973)---Art.212(3)--Damage caused to gunny bales while lying at the Railwayshed-­Petitioner being incharge 'of such gunny bales was held responsible for the damage and was directed to pay half of the amount of loss--Petitioner's appeal before Service Tribunal was dismissed--Leave to appeal was granted to consider, whether it was the duty of Railway Watch and Ward Staff for the safe custody of goods which were lying at the shed of Railway Station in accordance with provisions of Railway Commercial Manual; Whether petitioner had got any authority under any provision of law or under any instruction of the department to appoint a whole time chowkidar at the Railway Station for safe custody of gad whether finding of Inquiry Magistrate whereby he had held that cause of fire was due to the fact that Railway Constable watch and ward, who was on duty at that time and due to his negligence goods were damaged, would release finer from all liability. ORDER RUSTAM S.SIDHWA, J.--This is a petition filed by Allah Din Akhtar petitioner seeking leave to appeal against the judgment dated 8-1-1986 passed by the Punjab Service Tribunal, Lahore. 2. The brief facts of the case are that in 1981 Allah Din Akhtar petitioner was posted as Food Inspector Jauharabad. On 16-5-1981, two railway wagons containing 100 bales of gunny bags were received by the petitioner at Jauharabad Railway Station. The Food Department had awarded a contract to Muhammad Ilyas & Company, Jauharabad, for the carriage of the goods of the Food Department for the period 1-4-1981 to 31-3-1982. The petitioner issued the necessary work order on 16-5-1981, to the contractor for lifting of the goods. Consequently, the contractor lifted ten bales from the Railway Station and delivered the same at the Central Godown of the Food Department. The remaining ninety bales were not lifted by the contractor. The petitioner, on 19-5-1981 and 23-5-1981, directed the contractor to lift the remaining ninety bales. This action was also noted by the District Food Controller, when he visited the office. However, the contractor failed to lift the bales. Unfortunately, on 26-5-1981 at about 3.00 p.m. the…

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