Law:

Section:

Balochistan Civil Servants (Efficiency and Discipline) Rules, 1983-------R. 4(1)(h)---Balochistan Service Tribunals Act (V of 1974), S.4---Dismissal from service---Appeal---Appellant serving as constable was dismissed from service after issuing him show-cause notice and holding inquiry against him on charges of inefficiency, misconduct and corruption---Main allegation against appellant was that he got issued bogus demand slips of diesel/mobil oil and misappropriated government amount in connivance with other officials of the department---No specific inquiry had .been conducted against appellant in that respect---Discrimination was noticed as main accused had been retained in service while only punishment of reduction in rank had been awarded to him, which was not proper, it would therefore, be just and proper to take lenient view in respect of appellant too, especially when he had not been proved to be guilty of the charge---Appeal was allowed, impugned order was set aside and appellant was reinstated in service from the dale of dismissal from service with all back-benefits---One annual increment of appellant, however was withheld/forfeited. Muhammad Ashfaq Butt for Appellant. Advocate-General for the State. Date of hearing: 19th December, 2002. JUDGMENT SYEDA TAHIRA SAFDAR (MEMBER-II).--- It is case of the appellant that he has been working as constable/driver in B.R.P. till 2001, while show-cause notice was issued to him, wherein allegations were levelled against him that he got issued bogus demand slips of diesel/mobil oil from one Muhammad Luqman D.S.P. by way of which the diesel and mobil oil has been misappropriated. It is his case that he has never been deputed to and permanent vehicle while from time to time he has been directed by the Wing Commander to proceed with Vehicle No.Q.A.F. 9841 on 9-3-1999, 26-7-1999 and 22-9-2000 on official duty, while entries of the same were made in Roznamcha. Further, he (the appellant) being a driver has no authority to issue or get slips of diesel/mobil oil; which is within the powers of Wing, Commander M.T. Further, the copy of inquiry report along with findings of Inquiry Officer was not supplied to him rather…

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