1996 PLP (C (PLC(CS))

MUHAMMAD ISMAIL (MEMBER). ‑‑‑‑The appellant Muhammad Yasin, while posted as Senior Commercial Assistant Goods at Karachi City Railway Station, was initially placed under suspension with effect from 13‑7‑1992 and later on he was served with a charge‑sheet dated 28‑1‑199.3 accompanied by the following statement of allegations:‑‑ "For misconduct, breach of trust and embezzlement of Government money as is evident from the following:‑‑ . That your constant working at current reservation counter Karachi Cantt. for more than one year in addition to your regular performance of your legitimate duty in Reservation Office, Karachi City without any protest, led to establish your involvement in regard to fraudulent use of EFT No. 477719 and 47722 which were refunded in your duty. You obtained copy of Identity Card of the party whereas in other cases of refund this procedure was not adopted, which doubts that you were aware about the theft of above EFTs."

2. The appellant submitted his defence reply on 4‑2‑1993 denying all the allegations. An inquiry was held into the matter which went against him. He was, therefore issued a show‑cause notice dated 3‑4‑1993 and ultimately he. Was awarded punishment of reversion vide impugned order dated 19‑7‑1993 to lower grade for a period of two years i.e. from the post of Senior Commercial Assistant Goods to Junior Commercial Assistant Goods. The appellant preferred a departmental meal dated 8‑8‑1993 which remained un responded till filing of the present meal on 25‑11‑1993.

3. The case of the appellant is that he is completely innocent and the charges levelled against him have not been established during the inquiry conducted in the matter. It is contended that he has been punished by the competent authority due to his legal trade union activities, though no charge as mentioned an the statement of allegations has been proved against him.

4. The respondents have, resisted the appeal and filed written comments: It is submitted that the appellant was initially placed under suspension and a charge‑sheet was issued to him. An inquiry was conducted in accordance with Efficiency and Discipline Rules and he was found guilty of the charges levelled against him. The punishment awarded to him was just and appropriate keeping in view the gravity of the offence committed by him. The appellant was given full opportunity to defend himself and there has been no violation of any rule.

5. We have heard the parties concerned and also perused the relevant record. It appears that the, appellate authority i.e. Divisional Superintendent, Pakistan Railways, Karachi has decided the departmental appeal of the appellant vide order dated 2‑2‑1994, whereby punishment awarded to the appellant has been converted to WIT for one year. His suspension period has also been treated as duty. From perusal of the record it appears that the Inquiry Officer has given no reason in support of his findings that the appellant is proved to have been guilty of the charges levelled against him. The evidence on record was also not sufficient to lead to the conclusion that the appellant was involved in any' kind of offence as contained in the statement of allegations. In the absence of arty clear findings and reliable evidence in support of the allegations against the appellant, we are of the view that even a minor punishment was not warranted under the circumstances of the case.

6. For the foregoing reasons, the impugned order dated 19‑7‑1993 is set aside and the appellate order dated 2‑2‑1994 converting the punishment to WIT for one year is also set aside with all consequential benefits. The appellant's suspension period shall, however, be treated as duty as already decided by the appellate authority. No order as to costs. Parties to be informed. H.B.T./66/Sr.F Appeal accepted.