Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Rr. 5, 6(4), 7-A & 8---Award of punishment by Competent Authority while disagreeing with report of Inquiry Officer endorsed by Authorised Officer exonerating civil servant from charge---Validity---Competent Authority, if not satisfied with report of Inquiry Officer and recommendation of Authorised Officer, might direct for fresh inquiry after assigning reasons therefor---Otherwise, Competent Authority would have no independent jurisdiction to award punishment. Government of Punjab through Secretary, Livestock and Dairy Development and another v. Abdul Sattar 1990 SCMR 995 ref. Muhammad Sharif Butt, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners (absent). Nemo for Respondent. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Petitioners seek leave to appeal against the judgment, dated 2nd February, 2002 passed by the Punjab Service Tribunal whereby appeal filed by respondent has been accepted. 2. Precisely stating the facts of the case are that respondent faced departmental proceedings in respect of shortage of 321.940 (241.838 + 80.502) Metric Ton of wheat on account of which the Government sustained heavy financial loss. The charge was repudiated by the respondent. The Inquiry Officer appointed by Authorized Officer vide report, dated 16th October, 1989 exonerated him from the charge. The report of Inquiry' Officer was endorsed by the Authorized Officer vide recommendation dated 4th December, 1989 by assigning following reasons that respondent is not responsible for the shortage of wheat:--- (a) The stocks were stored in open in shape of Ganjies. (b) The stocks remained stored for a long period due to non-availability of dispatch allocation well in time. (c) As the stocks stored in open, the fumigation operation could not successful. However, all the Ganjies were properly covered with tarpaulins and malathies spray to the stocks were carried-out but this operation could not be proved fruitful. (d) The condition of stocks had been repeatedly intimated by the Incharge Centre and further transmitted to the Regional Office with the request to grant allocation for…

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