Law: Punjab Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,10

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ----Ss. 3 10---Punjab Service Tribunals Act (IX of 1974), S.4---Imposition of penalties of recovery of allegedly embezzled amount (G.P. Funds etc.) and dismissal from service--- Appeal---Appellant had been awarded the penalty of recovery of those amounts which were not part of the charges---Net amount under dispute was Rs.2,65,630 and Departmental Representative present in the Tribunal proceedings had confirmed that amount Rs.2,53,778 had already been paid by the appellant to concerned employees---Other amount of Rs.11272 had been placed under the care and responsibility of other two officials and only balance amount of Rs.580 had equally to be shared in between appellant and another official---Net amount payable by appellant thus, was Rs.290 which would be recovered from his outstanding dues---Temporary embezzlement though was proved from the record, but penalty of dismissal from service was too harsh which was converted into withholding of one increment for the period of three years. JUDGMENT K.B. ABID (MEMBER-II).---The appellant Muhammad Sabir Butt was served the show-cause notice regarding , the embezzlement of Rs.2,65,630 pertaining to G.P. Fund and other dues of the Government employees. After observing the codal formalities prescribed under R.S.O.-2000, the appellant vide order, dated 27-5-2006 was awarded the penalty for recovery of amount of Rs,2,74,993 along with dismissal from service. 2. Feeling aggrieved by the orders of departmental authorities the service appeal had been filed in P.S.T. under section 4 of P.S.T. Act, 1974. 3. After hearing the parties, the judgment was passed on 13-2-2007 with the direction to respondents to call the appellant and give him the opportunity to produce evidence and thereafter pass well-reasoned order by mentioning the share of responsibility/misconduct committed by each official. The main evidence of Muhammad Akram Dafedar would also be cross-examined in the presence of appellants. The appellate Authority was required to completely reconcile the matter. As per directions of this Court, the Chief Engineer Irrigation Zone Multan had called…

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