1984 PLP (C (PLC(CS))

Haroon‑ur‑Rashid Cheema, District Attorney for Respondents. Date of hearing : 26th July, 1982. S. ABDUL JABBAR KHAN (CHAIRMAN). ‑Atta Muhammad a Junior Clerk in the Office of Assistant Colonization Officer, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order of Commissioner, Sargodha Division, dated 20th February, 1982 by which order of Malik Abdul Majid, Deputy Commissioner, Sargodba, dated 16th February, 1981 has been upheld and the dismissal of the appellant has been maintained.

2. By virtue of this appeal he has prayed that the impugned order of the learned Deputy Commissioner, Sargodha dated 16th February, 1981 and that of the Commissioner dated 20th February, 1982 be set aside and he be reinstated in service. He has impleaded the Deputy Commissioner, Sargodha and the Secretary to the Government of the Punjab, Lahore. This case is still at the state of preliminary hearing and the parawise comments on behalf of Deputy Commissioner, Sargodha has been received with this Tribunal.

3. We have heard the learned counsel for the appellant on length as well as perused parawise comments with the assistance of learned District Attorney who is present in the Court. Brief facts of the case are that the appellant who was working as junior clerk in the office of Colonization Officer, Jauharabad, was dismissed from service by respon dent No. 1 on 16th February, 1981 on the allegation that he issued under forged signatures of the Extra Commissioner, Colonization, Jauharabad an order dated 28th October, 1977 with respect of allotment of land to certain persons. A departmental enquiry was held in this matter by the enquiry officer appointed in this behalf. The appellant filed an appeal before the Commissioner, Sargodba Division against the said order which was dismissed by him by order dated 20th February, 1982. It may be mentioned that this order of dismissal was passed after the said case was remanded by the Commissioner, Sargodha Division, on the appeal filed by the appellant as be stood dismissed earlier. He was charge‑sheeted afresh and the departmental enquiry into the charges of misconduct for various acts of omission and commission deceiving his officer and causing loss to the Government was entrusted to Ch. Ghulam Nabi, Extra Assistant Commissioner, Sargodha. The Enquiry Officer Examined 9 P. Ws. as well the appellant who declined to produce an defence. The three P. Ws. namely Mr. Wajahat Hussain (P. W. 5), Mian Muhammad Aslam (P. W. 6) and Mr. Muhammad Javid Gill (P. W. 8) who were all gazetted officers appeared before the Enquiry Officer and denied about their signatures on the said allotment orders. The only plea extended by the appellant in this case before the Enquiry Officer as well as before us is that he did not forge these signatures and to establish the said charge a handwriting expert should be examined. We have for this purpose compared ourselves the signatures of the appellant with the signature so found on the letters and are satisfied with naked eyes examination that there is strong similarity between the two. Moreover the appellant have been the custodian of the record, Irresistible conclusion would be that this forgery must be committed with his connivance. We have further perused the lengthy enquiry report submitted by the Enquiry Officer dated 1st February, 1981 and are satisfied that lot of pains were taken by the said Enquiry Officer to sift the defence so produced before him with regard to the charges levelled against the appellant.

4. In view of the detailed enquiry report and two conclusion judgments of the learned Deputy Commissioner, and the Commissioner, Sargodha Division which for all purposes are detailed decision taking into consideration all pros and cons of the case we do not find any reason to admit this case for regular hefting. We, therefore, proceed to dismiss this appeal in limine being without any merits. The parties will bear their own costs. M. I. Appeal dismissed.