Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr. 3(b) & 4(1)(b)(v)---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service, reduction in time scale by three stages and recovery of embezzled amount---Fraudulent withdrawal of G.P. Fund advances on basis of fake vouchers by Cashier in connivance with civil servants, charge of---Service Tribunal in appeal reinstated civil servants in service, but maintained penalty of recovery of amount and reduced penalty of reduction in time scale by one stage---Plea that penalty awarded to civil servants was not proper as Cashier through his affidavit had taken responsibility of fraudulent withdrawal of such amount---Validity---Civil servants without proper verification and vigilance had put their signatures on such vouchers---Civil servants being responsible officials were required to be extra vigilant in such sensitive matters and were not supposed to put signatures on vouchers without verification of sanction for payment---Such admission of Cashier would not absolve civil servants from their responsibility of taking proper care and vigilance in checking bills, so that no mischief could be done by Cashier---Charge against civil servants was only that of negligence as they were neither party to such fraud nor beneficiary of transaction---Recovery of financial loss caused to Government by fraud of Cashier would not be proper from civil servants---Supreme Court partly accepted appeal by setting aside penalty of recovery of amount while maintaining penalty of reduction in time scale. Syed Sajjad Hussain Shah, A.A.-G. and Muhammad Hussain Naqshbandi, Advocate Supreme Court for Appellants (in C.As. Nos.1919-1921, of 2002 and C.As. Nos.1922 -1924 of 2002). Muhammad Hussain Naqshbandi, Advocate Supreme Court for Respondents (in C.As. Nos.1919-1921 of 2002). Syed Sajjad Hussain Shah, A.A.-G. for Respondents (in C.As. Nos.1922-1924 of 2002). Date of hearing: 15th November, 2005. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- These connected civil appeals have arisen out of a common judgment, dated 12-7-2002 passed by the Punjab Service Tribunal whereby the separate appeal filed by the appellants against…

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