Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Reduction in time scale by one stage---Misclassification of funds--- Failure to conduct departmental inquiry ---Penalty or, the basis of reply filed by the civil servant---Allegation of misclassification of funds was denied by the civil servant---Authorities held the civil servant guilty merely on the basis of replies and additional defence filed by the civil servant and his co­ accused---Validity---No evidence or proof could be extracted from the replies of the civil servant to conclude that he was guilty of misclassification--­Denial of the charge by the civil servant could not be construed to be any kind of confession---Penalty passed by the authorities against the civil servant was set aside---Appeal was allowed in circumstances. Rizwana Anjum Mufti for Appellant. Ch. Manzoor Hussain, District Attorney for Respondent. Date of hearing: 8th July, 2002. JUDGMENT Secretary Communication arid Works initiated departmental action against the appellant Jamshed Khan and his co-accused Ch. Muhammad Anwar when they were posted as S. D.O. and XEN, Provincial Buildings Division, Rawalpindi respectively. They were issued a show-cause notice on account of the following allegations:-- "Misclassified the amount of Rs.1,55,000 which teas available for Construction of First Women Police Station at Rawalpindi and utilized it against construction of Information and Culture Complex at Rawalpindi." The appellant submitted his reply denying the charge. Authority afforded the appellant .any opportunity of, personal hearing and thereafter passed the impugned order dated 3-9-2001 whereby Muhammad Anwar, XEN aforesaid was penalized by way of reduction in time scale by two stages and the appellant was awarded the penalty of reduction in time scale by one stage. The appellant preferred a review petition before Secretary C & W which be rejected by communication letter dated 8-1-2002. Hence the present service appeal. 2. Respondents have filed written objections. Arguments have been heard and record perused. 3. Counsel for the appellant has mainly argued that the accusation of misclassification was factually incorrect and the…

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