Law:

Section:

North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-------R.4(1)(a)(iv)---Penalty of recovery of amount---Authority on basis of decision of Public Accounts Committee directed civil servant through its letters to deposit amount on account of pecuniary loss allegedly caused by civil servant to Government---Orders of recovery of amount were passed by Authority on basis of directions of Public Accounts Committee on alleged irregularities/illegalities stated to have been committed by civil servant during his tenure as Executive Engineer---Public Accounts Committee was not an executive body to give direction for taking action against a civil servant, but could make only recommendations to the Authority concerned in that respect---Action so taken by Authority against civil servant in shape of recovery of amount in question on basis of directions of Public Accounts Committee for alleged irregularities was illegal and was not warranted by law especially when no codal formalities like holding proper enquiry had been observed in case of civil servant---Civil servant was to be dealt with under North-West Frontier Province Government Servants (Efficiency and Discipline) Rules. 1973 before passing any punishment against him; that having not been done, orders passed against civil servants were set aside. Adam Khan and M. Alam for H. Nisar for Appellant. Sultan Mehmood, Government Pleader for Respondents. JUDGMENT KHAN AKBAR KHAN, CHAIRMAN.-------Appellant Engr. Nawab Khan has filed the instant appeal against the direction of respondents 1 and 2 contained in letter dated 15-10-1997 to deposit the sum of Rs.23,38,845 and respondent No.3's letter dated 3-11-1997 for Rs.2,90,136 on the ground of Draft paras. No.676, 680 and 698 and the representation there against rejected by the Appellate Authority. 2. Shortly stated the facts are that respondents 1 and 2 vide Letter No.1119/20-A(i) dated 15-10-1997 and respondent No.3 vide Letter No.3690/7-A(i)D.P dated 3-11-1997 directed the appellant to deposit Rs.23,38,845 and Rs.290,136 respectively pertaining to the tenure of posting of the appellant as Executive Engineer, DIPHE Swabi Scarp Division…

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