' Pursuant to the show-cause notice dated 31.05.2012, the DFO, Rahim Yar Khan by invoking the provisions of PEEDA Act, 2006 awarded the punishments as follows:--
(i) Recovery of Rs, 457000/- is imposed on accused which will be recovered as arrear land of revenue.
(ii) Dismissal from service. ' against the present appellant vide order dated 11.09.2013, Against this order, departmental appeal was filed, which was modified by the Conservator of Forests/Administrator Lalsuhanra National Park, Bahawalpur vide order dated 06.08.2014 on the following fashions:
1. Recovery of 3 No, shisham tree No, 31,08 and 12 having "girth of 74", 88" and 117" valuing Rs, 162000/- as verified by the RFO is hereby excluded from the total loss of Rs, 457000/- and recovery of Rs, 295000/- is retained which will be recovered from his as arrear of land revenue act. , Dismissal from service will remain as such. Hence this appeal.
2. Arguments advanced by the learned counsel for the appellant as well as learned D.A heard and record perused.
3. Allegation against the appellant is read as follows:-- No,Name of RoadKM No,Tree No damageKind of trees.Compensation/ Value 1 Zahirpeer Road9-13/L6 Shisham224000 2 -do- 11-12/R4 -do- 233000 Total: 457000
4. On which, DFO Rahim Yar Khan inflected penalties of Dismissal from service alongwith Recovery of Rs, 457000/- against the present appellant vide order dated 11.09.2013 without holding regular inquiry into the matter.
5. It is settled principle of law that for resolving controversial questions of fact, evidence has to be recorded, in that opportunity of cross-examination is to be provided to both the parties and for that proper course would be to hold full fledge inquiry. Otherwise the finding recorded will be based more on conjectures than on evidence. Reliance is placed on 1993 SCM R 603 tiled as Alam Gir vs. DFO, Multan, etc.
6. In view of what has been discussed above, without touching the merits of the case, this appeal is allowed, impugned orders are set aside and the appellant is reinstated in service with immediate effect. However, keeping in view the seriousness of the matter, the case is remanded to the competent authority for de novo proceedings and disposal of the same strictly in accordance with law. Intervening period shall also be decided by the competent authority.