' M. SALEEM CHAUDHRY (CHAIRMAN).--This appeal is filed by Nawab Din, Sub-Engineer, against the order of the Superintending Engineer, Highway Circle, Multan dated 20th April, 1971 whereby the penalty of Rs, 2,172 was levied Q0 the appellant. The appeal to the Deputy Chief Engineer was not disposed of. The Civil Strit filed by the appellant was abated on 16th May, 1974.
2. While posted at Burewala, the Superintending Engineer, Highway Circle, Multan, on 20th April 1971 issued the following charge-sheet to the appellant "260 Drums of bitumen were received by you at Faqirwali Station on 27th and 30th October, 1966 which were got unloaded from Wagon on these dates but you did not get the material shifted from Railway premises till January, 1967 when the Railway Authorities levied wharfage amounting to Rs, 2,172. The Government has been put to a loss of Rs, 2,172."
3. The appellant was held guilty of causing loss to the Government of Rs, 2,172. It is the contention of the appellant that he shifted the material from the Railway siding with the permission of the Railway Authorities to a place nearby but within the boundary of the Railway property and he had no other site belonging to the Government available to him for storing the drums. The Railway Authorities denied that permission had been given and levied wharfage. The contention of the appellant appears to be correct. The following extract from the letter of XEN, Provincial Building Division, Bahawalangar dated 11th June, 1967 (Annexure 'C'), lends support to the contention of the appellant :-- "260 drums of bitumen was received during October, 1966 at Faqirwali which was unloaded at the same time and was dumped 200' away from the Railway Siding. It was placed (buried in ground) with the permission/consent of the then Station Master, Faqirwali. The present Station Master also did not object to it."
4. In view of above, we hold that the appellant is not responsible for the loss to the Government in this case.