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1983 PLC (C. S.) 1185

NAZIR AHMAD vs DEPUTY DIRECTOR FOOD, MULTAN DIVISION

Citation1983 PLC (C. S.) 1185
CourtPunjab Service Tribunal
Judge(s)Malik Zawwar Hussain, Sardar Abdul Jabbar Khan, Abdul Hameed
ResultE.

1. S. ABDUL JABBAR KHAN (CHAIRMAN).-In case of Nazir Ahmad Foodgrains Supervisor who has been removed from service vide order dated 28-12-1981, by Deputy Director Food, Multan and has also been called upon to make good loss of Rs. 1,73,258.20 learned counsel for the appellant has submitted that the order is not a speaking order and the appel--lant has been made responsible for the liability which was vicarious in nature by ignoring others who are also responsible for this loss.

2. Learned D.A. Has submitted that the appeal is liable to be dismissed under section 4 (I) (a) of the Punjab Service Tribunals tact, wherein it has been laid down that no appeal is maintainable by this Tribunal unless and until persons who have been proceeded against, has exhausted all the available remedies with them. Learned counsel has produced before us a copy of the appeal filed by the appellant with the Director of Food under registered cover. We have examined the copy and the receipt so attached with it and find that the same does not disclose, when it was filed as receipt is not a carbon copy of original but seems to be receipt in original itself. The representative of Deputy Director Food, Multan is before us and has categorically stated that no such appeal was received by the Department on behalf of the appellant. It has been further pointed out by the learned D.A. That in the contents of the appeal the ap--pellant has no where mentioned that he had filed an appeal before the Deputy Director Food, next higher authority and was awaiting the result of the same.

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