The appellant is a Copy Clerk in the Copying Branch, Sessions Court, Faisalabad. He was proceeded against under the Punjab Civil Servants (E&D) Rules, 1999 on 8.4.2011 on the following allegations:-- "That file titled 'Mst Amtna Bibi vs. Muhammad Younus' was received by you for preparation of copies but the same was lost due to your negligence and inefficiency. Thus you are guilty of inefficiency and misconduct as prescribed in Section 3 of Punjab Civil Servants (E&D) Rules, 1999."
The appellant submitted his defence putting the blame on Muhammad Youngs (defendant in the case) and one Shahzad (Clerk, of Advocate). Inquiry was conducted. Inquiry Officer submitted his report on 9.5.2011, found the appellant guilty of inefficiency and misconduct and proposed One or more major penalties as envisaged in Rule 4 (b) of Rules ibid' without specifying the. punishment.
Final show cause notice was issued. The Authority/District & Sessions Judge, Faisalabad vide his order dated 11.6.2011 imposed major penalty of lowering him from pay Scale No, 7 to pay Scale No, 5 with-immediate-effect. The departmental appeal of appellant remains undecided.
2. Learned counsel for the appellant contends that the appellant was appointed in BS-7 as such the punishment of lowering him to Grade-5 could not be imposed under the law and that the period imposing punishment has not been given in the impugned order. Further contends that the punishment imposed is disproportionate to the offence.
Conversely learned Deputy District Attorney submits that the loss of file is not denied. The appellant- has been found guilty of the charge. The punishment has been rightly imposed..
3. I have considered the 'arguments of learned counsel for the parties and perused the record.
4. The order of learned Authority/District & Sessions Judge, Faisalabad dated 11.6.2011 on the' face of it is illegal. The appellant had been appointed as Junior Clerk in BS-7. There is no rule under which the punishment of lowering him from BS-7 to BS-5 can be imposed. Even otherwise the punishment imposed is not palatable with the offence.
5. For what has been stated above, 'this appeal is partly allowed, impugned order dated 11.6.2011 is modified by converting penalty of lowering the appellant from pay Scale No, 7 to pay Scale No, 5 into withholding of annual increment for a period of one year,