' M. SALEEM CHAUDHRY (CHAIRMAN)-In this case the appellant an ex-Senior Clerk of the Office of Deputy Inspector-General of Police, Lahore Range, Lahore, was charge-sheeted on 11th June, 1978, for misconduct and corruption for getting House Rent Allowance sanctioned to a large number of recruits of the Additional Police Force having less than three years' service who were living in the Police Lines, Police Stations/Police Posts and Police Camps set up for the purpose. It was alleged that the aforesaid recruits having been provided with furnished accommodation by, the Government were not eligible to get the House Rent Allowance. Thus the appellant was responsible for causing substantial loss to the Government. The appellant was ultimately dismissed from service by the order of Deputy Inspector-General of Police, Lahore Range, dated 29th January, 1979.
The appellant filed an appeal before the Inspector-General of Police, Punjab, which remained undisposed of.
2. The appellant, before us, strongly relied upon the letter of L-G. Police, Punjab, dated 17th June, 1978 in which the I.-G. Police, was of the view that the recruits referred to above, were entitled to the House Rent Allowance inasmuch as the single accommodation could not be equated with family accommodation and he approached the Finance Department, Punjab, for clarification.
3. The Finance Department on 7th November, 1978 confirmed the view of the Inspector-General of Police, Punjab, and thus the final orders of Government in this behalf proved the bona fide of the action taken by the appellant.
4. The Government Pleader argued that till the orders were passed by the Government, the appellant was not justified to make payments to the recruits. The appellant, however, submitted that ab initio the position was the same and the Government had only clarified and confirmed the position.
5. Since the position taken up by the Department has been confirmed by the Government and the Inquiry Officer has also not held him guilty therefore, in or view the appellant could not be held guilty of any - dishonesty.
6. Consequently, the appeal succeeds with no order as to costs. .