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Petitioner: ABDUR RASHID KHAN VS Respondent: SECRETARY TO GOVERNMENT OF THE PUNJAB, IRRIGATION AND POWER DEPARTMENTHonorable Justice ABDUL HAMID KHAN
1992 P L C (C
1992 P L C (C.S.) 486
[Service Tribunal Punjab)
Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
ABDUR RASHID KHAN
versus
SECRETARY TO GOVERNMENT OF THE PUNJAB, Irrigation and Power Department, Lahore and another
Appeal No. 64 of 1989, decided on 2nd September, 1991.
Civil service
---- Penalty of recovery of amount---Civil servant alongwith other officers, was proceeded against departmentally on charge of embezzlement of Government funds and penalty of recovery of amount was imposed on him---According to report of Enquiry Committee, civil servant had not been found guilty of alleged embezzlement or misappropriation of Government funds---Only charge that was stated to have been established against civil servant was lack of supervision and control---Enquiry Committee's report showed that guilt of civil servant was not as serious as that of co-accused officers in whose case recoveries had been waived and some of them had since been promoted while others had completely been exonerated---One of co-accused who was dismissed from service and on whom penalty of recovery had been imposed, had also been reinstated---Since charges relating to embezzlement and misappropriation were not established against civil servant, he could not be asked to pay money, which he never embezzled or misappropriated---All charges established against civil servant having involved only financial irregularities in following prescribed procedure which did not result in any pecuniary loss to Government order passed against civil servant by Authorities, was set aside.
M.A. Riaz for Appellant.
Syed Abbas Raza, D.A. for Respondents.
Date of hearing: 29th May, 1991.