Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Rr. 4(b) & 8---Recovery of loss----Maxim: audi alteram partem---Applicability---On the allegation of shortfall in wheat stock, departmental inquiry was initiated against civil servant---Charge of loss to Government was not proved during the inquiry and such findings of Inquiry Officer were endorsed by Authorized Officer but higher authorities imposed penalty of recovery of loss from civil servant---Validity---Inquiry Officer did not recommend for recovery of loss against civil servant and if the Authority wanted to exercise its powers under R.8 of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, it was incumbent upon it to give sound reasons, on the basis of facts available on record or it should have invoked some principle of law in order to come to the conclusion that the civil servant was liable to make good the loss---Order imposing penalty of recovery of loss was not based upon sound reasons and was not maintainable in the eye of law---Civil servant was condemned unheard in violation of principles of natural justice, enshrined in maxim: audi alteram partem---Supreme Court converted petition for leave to appeal into appeal and set aside the orders passed by Service Tribunal and departmental authorities and directed the authorities to refund the loss recovered from the civil servant---Appeal was allowed. Zafar Ali v. Deputy Director Food, Multan Region 1982 SCMR 1864 fol. Hafiz Tariq Naseem, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Aziz Ahmed Chughtai, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record (absent) for Respondents. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition has been filed for leave to appeal against the judgment, dated 23rd November, 2000 passed by Punjab Service Tribunal, Lahore. 2. Precisely stating the facts of the case are that petitioner faced departmental proceedings on account of shortage of food in Procurement Centre Kichhi Wala, as the Department alleged against him that he being Foodgrain Incharge of the Centre is responsible for shortage of the Wheat which was ultimately calculated to…

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