ABDUL HAMID CHAUDHRY, (MEMBER).-Muhammad Ashraf, Sub---Inspector, Co-operative Department, Punjab, has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Deputy Registrar, Co-operative Societies, Sargodha Division, Sargodha and the Registrar, Co-operative Societies, Punjab, Lahore as respondents.
2. By virtue of this appeal the appellant has prayed that the order dated 23-6-1980 of respondent No. 1 and order dated 31-12-1981 passed by respondent No. 2 be set aside with all back benefits including the arrears of salary etc. For the period the appellant remained under suspension.
3. Brief facts of the case are that the appellant, Muhammad Ashraf, Sub-Inspector, Co-operative Societies was posted at Bahawal in the year 1978. There were complaints against the appellant regarding malpractices about supply of fertilizer to the Co-operative Societies. A preliminary enquiry was held and the appellant was placed under suspension. He was charge-sheeted by Assistant Registrar, Co-operative Societies, Sargodha on 25-6-1979. Regular enquiry was held against the appellant which was ordered by the "Authorised Officer". On receipt of the enquiry report the "Authorised Officer" submitted his recommendations to the Authority recommending action to be taken against the appellant. A show-cause notice was served upon the appellant by the Authority. He was heard in person. After considering the pros and cons of the case and keeping in view the defence put forth by the appellant, he was found guilty of misconduct and was ordered vide order dated 23-6-1980 of Deputy Registrar, Co-operative Societies, Sargodha Division, Sargodha to reduce the appellant to initial stage of pay in N.P.S. 5. The appellant was re-instated in service from the date of his suspension with benefit of continuity in service but without payment of arrears of pay etc. For the period under suspension. The appellant made an appeal to the Registrar.
Co-operative Societies which was rejected vide his order dated 31-12-1981. The appellant made another review petition to the Registrar, Co-operative Societies, Punjab, Lahore which was disposed of by order dated 10-2-1982. Hence this appeal.
4. We have heard the parties. While arguing this case, the appellant's counsel has referred 'to enquiry report of the regular Enquiry Officer wherein only charge No. III regarding non-receipt of 800 bags of fertilizer by Chak No. 9 N.B., Co-operative Thrift and Credit Society, has been proved against the appellant by the Enquiry Officer. It was argued by the learned counsel for the appellant that this charge cannot be substantiated from the record.. He referred to the Cash Register of Co- operative Thrift and Credit Society, Chak No. 9 Shamali to show that 800 bags of fertilizer under dispute were received by the Society, duly entered in the Cash Register and have been properly accounted for. This account has been attested and verified by the Secretary of this Society. The appellant's counsel also referred to a certificate of Manager, P.A.D. & S.C. Bhalwal attached with the appeal, mentioning that 800 bags of urea against pay order dated 13-12-1978 were actually lifted by Mr. Mumtaz Ahmad, Secretary of Co-operative Credit Society. Chak No. 9 N.B., Thesil Bhalwal, District Sargodha. Thus, the fertilizer was received by the Secretary o6 the Co-operative Credit Society and also properly entered and accounted for by him in the cash book. There was no irregularity whatsoever for which the appellant has been held responsible. Concluding his arguments, the learned counsel for the appellant submitted that the appellant has been involved wrongly in this case and he is innocent in the matter.
5. Controverting these arguments, the learned District Attorney sub--mitted that it is clear from the record that the entries in the Cash Register were made by the appellant with his own hands for receipt of 800 bags of urea in the Cash Register of the Society which was done to hide his misdeed.
Mr. Mumtaz Ahmad, Secretary of the Society, had relied on the appellant. The appellant got papers signed from the Secretary for receipt of the fertilizer in good faith but actually he betrayed the Secretary Society in disposing of the fertilizer unauthorizedly at Bhalwal of the receipt of it from P.A.D. & S.C. Depot. Actually no fertilizer was transported to the Society H Q No. 9 N. B. And the- transport charges/loading charges were fictitiously shown in the Cash Register by the appellant and he actually misappropriated this amount as no vouchers of this expenditure were produced at the time of checking of this account by the Chief Auditor, Co-operative Societies, Punjab, Lahore.
Thus the appellant has been punished correctly and lawfully for the misappropriation/misconduct which .Was proved against him.
6, We have given our anxious thoughts to the arguments of the parties and also have called for the original Account Book (Roker) of the Thrift and Credit Society, Chak No. 9 to adjudicate the issue, verify the facts of the case and arrive at the correct conclusion. It will be necessary to produce the findings of Gul Nawaz Khan. Chief Auditor, Co-operative Societies, Punjab, Lahore who conducted the enquiry regarding distribution of fertilizer, in the name of the society which is reproduced as follows :---- Cooperative Thrift and Credit Society Chak No. 9 Shamali.- According to P.A.D. & SC record 800 bags of imported urea were issued to this society on cash payment basis on 13-12-1978 while 200 bags were issued on 14-12-1978 to it on credit basis through pay order issued by P. B. Branch.
Bahalwal. Copy of the resolution for the supply of 200 bags of urea dated 4-12-1978 is recommended by Muhammad Ashraf Sub-Inspector, Co-operative Societies, Bhalwal. The statement whereas copy of resolution dated. 4-12-1978 for supply of 800 bags is recommended by Muhammad Ashraf as Development Inspector Co-operative Societies, Bhalwal. The statement of Secretary of this Co-operative society may be perused at Annexure 'A' where in he has admitted that only 200 bags were received `by the society on credit while 800 bags were not, demanded by the society. This would be established by a copy of resolution of the society dated 4-12-1978 endorsed by the Sub-inspector by showing himself as Inspector on 13-12-1978. Photostat copies of the resolutions are at Annexure `B'. Since disciplinary action had been initiated against the Sub- Inspector, he rushed to the society and made entries in the account book (Roker) of the society with his own hands. The expenses and commission shown in the account book of the society is not supported by any voucher. The Secretary of this society is well-educated. The Sub---Inspector was not supposed to make such entries. He did so to conceal his misdoing."
Account Book/Cash Book (Roker) in original of the society was perused by us to verify the above facts as mentioned by the Chief Auditor, Co-operative Societies. Entry of 800 bags do exist at page 6 made on 13-12-1978 showing receipt of 800 bags of fertilizer (under dispute), Thus the proper entry regarding receipt of 800 bags does exist on the Cash Register and also disposal of these 800 bags have been shown on the register to various recipients. Rs. 1,400 have been shown on account of transport of the ferti--lizer to the society which include Rs. 1,000 as carriage charges and Rs. 400 as loading charges on 13-12-1978. There is also a. Checking not; of Chief Auditor dated 6-2-1978, on page 7 of the Cash Register, mentioning that these vouchers could not be produced at the time of his checking. There are do vouchers for Rs. 1,400 for carriage/loading charges on record till today to show the receipt of actual recipients and could not be produced before us for verification of perusal as no such vouchers :are available. Thus, these entries of Rs. 1,400 for payment of carriage and loading are fictitious, bogus and the allegation of misappropriation is thus, established. If for the sake of arguments it is persumed that the receipt of fertilizer of 800 bags to P.A.D. & S.C. Was given by the Secretary, Mr. Mumtaz Ahmad of the Society and also he had signed the Account Book in token. Of. The entries made in it, even then the enquiry reports of enquiry officers and record shows that the appellant has connived with the Secretary of the Society for the misappropriation.
The misconduct against the appellant has been undoubtedly proved However, the appellant was charge-sheeted for five irregularities said to be committed in various- Co-operative Societies under his supervision ; but ultimately he was held responsible only for a petty irregularity of misuse of fertilizer in one of the society i.e. Chak No. 9 N B. Thus, we consider that the punishment given to the appellant is too harsh and in not in consonance with his guilt.
7. Keeping the above analysis in view, we direct that punishment so awarded to the appellant be varied and modified as follows :-----
(1) Censure.
(2) Stoppage of two annual increments without future effect.
(3) Suspension period to be treated on duty.
The impugned orders are directed to be modified to the extent men--tioned above.
There will be no order as to costs.