Law:

Section:

Punjab Service Tribunals Act (IX of 1974)---- ---S. 4---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R. 5--­Negligence---Recovery for short and damaged stock of wheat---Appellant Food grain Inspector, against whom punishment of recovery was imposed, contended that loss occurred due to rain---Authorised Officer recommended remission of entire loss---In such a situation two options were available for punishing authority for disagreement i.e. either to get a regular inquiry held to achieve positive results for finding extent of fault of appellant and in the alternative to give solid and cogent reasons of disagreement which was not the case---Loss in question was not only less than 1% which was normally remitted by Food Authorities but occurred while wheat was stocked in the open---Held, keeping in line with similar cases it would not be proper to make any departure in case of appellant and thus no case of recovery was made out against him in circumstances. JUDGMENT FAIZ KARIM (MEMBER): -Jamshed Ali Foodgrain Inspector has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order dated 17-3-1985 communicated vide Endst. dated 24-4-1985 of the Deputy Director, Food, Multan vide which the recovery of Rs.1,25,767.58 was imposed on Rao Jamshed Ali appellant as well as Muhammad Siddique, Foodgrain Supervisor and Rab Nawaz, Assistant Food Controller by the ratio of 3, 2 and 5 respectively. The appellant has imp leaded the Deputy Director, Food, Multan Region and Director Food, Punjab as respondents. 2. Through this appeal the appellant has prayed that the impugned order may be set aside and the recovery of Rs.37,730 from the appellant be stopped. 3. Brief facts of the case are that during 1983-84 scheme a quantity of 8,268.218 M. Tons wheat was stored in open in Vehari P.R. Centre. The appellant Jamshed Ali as well as Rab Nawaz, A.F.C. and Muhammad Siddique, Foodgrain Supervisor handled the said stocks. On clearance of the stock a quantity of 78.252 and 6.342 M. Tons wheat was declared as damaged and short respectively. The District Food Controller, Vehari was asked to proceed against the said defaulting officials…

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