Law:

Section:

Punjab Service Tribunals Act (IX of 1974)----- ----S.4---Constitution of Pakistan (1973), Art.212(3)---Recovery of Government loss after retirement of civil servant---Failure to get F.I.R. registered against theft of Government trees---Authorities had imposed recovery from pension of the civil servant of the amount of loss sustained by .Government---Civil servant had informed senior official regarding the incidence of theft but the official did not permit the civil servant to lodge report because the senior official had told him to keep in abeyance the registration of the case---Service Tribunal allowed the appeal of civil servant and order passed by the Authorities was set aside---Validity---Service Tribunal had rightly granted relief to the civil servant---Judgment passed by Service Tribunal did not call for any interference by Supreme Court in exercise of jurisdiction under Art.212(3) of the Constitution---Leave to appeal was refused. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J---This petition of leave to appeal has been filed to question the order/judgment dated 16th March, 2002 passed by Punjab Service Tribunal, Lahore, whereby Appeal No.1126 of 2001 submitted by -Respondent Abdur Rashid Khan Former S.D.O. Irrigation Department has been allowed. 2. Precisely stating the facts of the case are that -Petitioner was proceeded against departmentally after his retirement under the West Pakistan Civil Services (Pension) Rules. 1963 for not getting registered a case of theft of cutting of trees during his incumbency. Contents of charge-sheet and reply submitted by the -Respondent are reproduced hereinbelow:-- "(i) The trees worth Rs.388026 (liable to be reduced after verification of record) as per statement attached, were cut and stolen in Bahawalpur Canal Division during incumbency as Sub Divisional Officer by some unknown persons. (ii) The loss was pointed out, by the Audit in the shape of D.P. No.IV (III) 10-87/88. (iii) The para was discussed in the PAC meeting held on 30-12-1992 and again on 19-12-1995. (iv) The PAC observed that the case was not got registered with the police as the request was made to the police through an ordinary letter. (v) The PAC in its…

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