' The decision dated 25-3-1984 recorded by the learned Presiding Officer, Punjab Labour Court No,7, Gujranwala has been challenged in this appeal, whereby the grievance petition of the appellant for his re-instatement in service was dismissed.
2. The appellant was a Cashier in G.T.Road Branch. A fraud was committed and the appellant alongwith others was charge-sheeted. The allegations were that with his help the Branch Manager had withdrawn Rs,88,00,000 on 30-9-1979 and Rs,26,00,000 on 6-4-1980. The other charge was that the appellant had himself withdrawn Rs,88,00,000. Only one witness namely Rashid Ahmad was examined during the enquiry but he too did not say anything material. He merely reproduced the charges given in the charge-sheet. He did not say that he on account of working with the appellant was familiar with his handwriting and signatures and that the entries in the register were in the handwriting of the appellant or that the disputed vouchers were bearing his signatures. By the kind of evidence the charges could be established but not an iota of evidence in this respect is on the file. The Enquiry Officer without any evidence found the appellant guilty of charges. The learned lower Court too fell in error in concurring with the finding of the Enquiry Officer which was not supported by any evidence. This is true that without the signatures of the Cashier, the cash cannot be withdrawn but the signatures have to be proved. The appellant was from the very beginning denying and disowning his signatures, so only by some tangible evidence the charge could be brought home to him. The grievance petition of the appellant was therefore, wrongly dismissed.
3. As a result the appeal is accepted and setting aside the impugned decision of the learned lower Court and the dismissal order, the appellant is directed to be reinstated in service. The appellant did not say in his statement made before the learned lower court that he remained unemployed during the period of his dismissal, so he is not entitled to back benefits.