| Case ID |
2d162592-33ab-43d9-a721-522070d94a81 |
| Body |
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| Case Number |
533/1323 of 1981 |
| Decision Date |
Jul 11, 1982 |
| Hearing Date |
|
| Decision |
The appeal filed by Munshi Allah Rakha, an ex-Patwari dismissed for alleged temporary embezzlement, is accepted. The Tribunal found that the dismissal order was based on misreading of evidence and failure to provide a fair opportunity for defense. The appellant acted under the direction of the Tehsildar to collect land revenue, which was not his duty, and the funds collected were ultimately deposited into the Government treasury. The case established that the appellant was not guilty of temporary embezzlement as defined under the law. The orders dismissing him from service are set aside, and he is reinstated with no financial implications for the period under litigation. |
| Summary |
This case revolves around Munshi Allah Rakha, an ex-Patwari who was dismissed from service based on allegations of temporary embezzlement while collecting land revenue. Under the Punjab Service Tribunals Act, the Tribunal reviewed the circumstances leading to his dismissal, including the directions given by the Tehsildar. The case highlights the legal definitions of embezzlement and the procedural mistakes made in the disciplinary actions against the appellant. The Tribunal's ruling emphasizes the importance of proper evidence and the rights of individuals to defend themselves in administrative proceedings. The judgment reinforces the principle that actions taken under lawful orders, even if outside one's typical duties, should not be penalized if they do not involve criminal intent. The decision to reinstate the appellant is significant, ensuring justice and adherence to legal standards in administrative law. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL, JABBAR KHAN, CHAIRMAN,
Munshi ALLAH RAKHA
|
| Lawyers |
Taj Muhammad Khan Langah,
Haroon-ur-Rashid Cheema
|
| Petitioners |
Munshi Allah Rakha
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 1460,
1983 PLC 318
|
| Other Citations |
Malik Abdul Karim v. West Pakistan Province P L D 1978 B J 222
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Pakistan Penal Code (XLV of 1860)
|
| Sections |
4,
409
|