' This appeal arises from the decision dated, 1st April, 1978 passed by the learned Presiding Officer, Punjab Labour Court No, 9, Multan, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated in service with back benefits.
2. Nobody has appeared on behalf of the respondent, therefore arguments in the appeal have been heard ex parte.
3. The allegation against the respondent, as given in the impugned decision of the lower Court, was that he had changed the amount of fare in tickets Nos, 178784 and 129730 from Rs, 24.85 to Rs, 14.84 and from Rs, 14.15 to Rs, 4.15, respectively and thus misappropriated Rs,
20. He was charge-sheeted, but in the charge-sheet tickets numbers are different. So far as the amount of fare of Rs, 24.85 is concerned, the ticket No, given in the charge-sheet is No, 179724 and so far as the fare of Rs, 14.15 is concerned, ticket number is 179730 and the allegation is also that the weight of the articles for which fare was charged was, so far as the former ticket is concerned, reduced to two and a half from three and a half and so far as the latter ticket is concerned there is no mention of any weight.
His reply was found unsatisfactory and an enquiry was made which ultimately resulted in his dismissal. The learned lower Court found that no fraud had been committed, inasmuch as on the same day i,e, 30th August, 1976 the disputed tickets alongwith money were delivered to the audit clerk who after checking found them correct. The checker had found overwriting on 11th September, 1976 and made report on form T. T.-40. So far as the correction of the amount is concerned, it is obvious even to a naked eye, but unless there is evidence that he had received Rs, 24.85 for the first mentioned ticket and Rs, 14.15 for the second one and deposited Rs, 14.85 and Rs, 4.15 for the above- mentioned tickets, respectively, it cannot be said that he committed any fraud. The correction may have been made to commit fraud or to correct genuine mistake. On mere presumption he could not be found guilty of fraud and dismissed. As a matter of fact there is no overwriting and correction so far as Ticket No, 179730 is concerned. The amount given is Rs, 4.15 and there is no overwriting. So far as ticket No, 179724 is concerned, it does not appear that the amount in the beginning was given as Rs, 24.85. It appears that the amount was written as Rs, 14.85 and digit '1' was tempered with to show that digit '2' was changed into digit '1'. Digit '2' is not of the same size and volume as digit '4' but rather is about one-third of digit '4', whereas digit '1' is of the equal size and volume. To me it appears that digit '1' of the amount of Rs, 14.85 was tempered with to show that negligently digit '2' was written and was afterwards changed into digit '1'. I therefore, hold that no overwriting was made, nor any amount was changed and embezzled by the respondent. He was rightly re-instated with back benefits. There is no force in the appeal, which is dismissed.