Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 520

[Service Tribunal Punjab]

Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member

Sh. ABDUL MAJEED

versus

ADDITIONAL DIRECTOR-GENERAL, EXCISE AND TAXATION, PUNJAB, LAHORE and 2 others

Appeal No. 786/90, decided on 24th July, 1991.

Civil service--

----Penalty---Censure---Allegation was that the raiding party of which civil servant was also one of the members had taken away some cash and a golden ring from the place of raid---Civil servant who was awarded minor penalty of censure had declined his participation in raiding party only when he was charge-sheeted for misappropriation of cash and ornaments during the raid Civil servant had contended that although raiding party was arranged under his directions, but he himself had not participated in that raid---Civil servant also claimed that raiding party was arranged under his directions and not under his or supervision---F.I.R. and connected raid report relating to case, which itself was prepared by civil servant, showed that phrase or under supervision was used therein---Rewards had been proposed for participants of raid which included the civil servant---Contention of civil servant that phrase, meant only supervisory and directional role of civil servant and not physical participation in raid, was rendered untenable and civil servant, had failed to make out a case in his favour---Penalty of censure, in circumstances, was rightly imposed on civil servant.

MA. Riaz for Appellant.

Ch. Manzoor Hussain, D.A. for Respondents.

Date of hearing: 14th May, 1991.

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