| Citation(s) |
|---|
| 2006 SLG 1694 2006 SLD 1694 2006 PLC 501 |
Service Tribunal, Punjab
Appeal No.2661 of 2004, decision dated: 17-01-2005.
JUSTICE (RETD.) RIAZ KAYANI, CHAIRMAN
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Appeal No.2661 of 2004, decision dated: 17-01-2005.
JUSTICE (RETD.) RIAZ KAYANI, CHAIRMAN
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MUHAMMAD SIDDIQUE
VS
D.F.O. and 3 others MUHAMMAD SIDDIQUE vs D.F.O. and 3 others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr. 3(a)(c) & 4(b)(ii)(iii)---Punjab Service Tribunals Act (IX of 1974), S. 4---Imposition of penalties of recovery of amount and compulsory retirement from service---Appellant, who was serving as Forest Guard, was charge-sheeted on allegation that he failed to protect trees from loss and heavy damage was caused to government with his active connivance---Major penalties of recovery of amount of loss so caused to trees and compulsory retirement from service were imposed on appellant--Appellant had challenged such order contending that compensation of trees as given in Schedule at enhanced rate, was totally disproportionate to offence committed---Appellant had prayed that recovery be reduced to actual loss of trees---Validity---In the face of penalty of compulsory retirement, appellant at the most should have been burdened with actual cost of missing trees instead of enhanced rate---Appeal was partially accepted---Penalty of compulsory retirement was maintained, but recovery of amount was reduced accordingly. Dr. Ehsan ul Haq Khan for Appellant. Khadim Hussain Sindhu District Attorney Muhammad Afzal, Moazam Rashid Siddiqui Departmental Representatives and Atta Muhammad for Respondents. Date of hearing: 11th January, 2004. JUDGMENT JUSTICE (RETD.) RIAZ KAYANI (CHAIRMAN).---Muhammad Siddique former Forest Guard, Okara Forest Division has come in appeal bringing in challenge order dated 3-11-2004 passed by the Conservator of Forest, Coordination, Multan whereby appeal of the appellant was rejected and the order of the authority, dated 14-5-2004 imposing penalty of recovery of Rs.6,08,800 being value of 155 trees as given in the Schedule of compensation rates along with the penalty of compulsory retirement from service was upheld and maintained. 2. Appellant while serving as Forest Guard, Incharge Block No.1, Depalpur plantation was served with the charge-sheet accompanied by the following statement of allegations:-- "As per report submitted by Range Forest Officer, Depalpur vide his No. Nil, dated 17-10-1997, a list of damage in your Block was prepared by your successor Mr. Muhammad Munir, Block…
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