' Briefly stated the facts are that Safdar Hussian/petitioner No,1 was posted as Forestor, whereas Ghulam Sarwar/petitioner No,2 was Forest Guard at Baggi Wali Mori Noor Afshan Range Khanpur, District Rahimyar Khan, that a theft of building material, took place during 24-7-1994 to 28-7-1994 when they had been called at Khanpur for carrying out cattle census by the Range Forest Officer of the said Sub-Division, that subsequently efforts were made to get the case registered against the delinquent persons but having failed the petitioners alongwith one Muhammad Rafiq were charge-sheeted and finally an inquiry was conducted against them under the Efficiency and Discipline Rules. Vide inquiry report dated 14-5-1997 they have been held responsible for the loss caused to the department. Feeling aggrieved of the said order dated 14-5-1997 they filed appeal which has been dismissed by respondent No,1 vide order dated 17-3-1999. Hence, the instant writ petition.
2. Comments of respondents were called which have been submitted and perused.
3. Stand of the learned counsel for the petitioners is that impugned orders dated 14-5-1997 as well as dated 17-3-1999 have not been passed in accordance with law as their immediate Officer who acquired their services at Khanpur has not been examined by the Inquiry Officer, that it is evident from the report dated 6-8-1994 by the Range Forest Officer that present petitioners had been deputed to carry on cattle census at Khanpur, that it is also evident from the report of the Inquiry Officer dated 14-5-1997 that petitioners were not responsible for theft of the articles, yet they have been made to pay the cost of the said material, that when the petitioners were not present at the place of occurrence, they could not be held responsible for the theft of the material, that this aspect of the matter has 'not been taken into consideration either by the Inquiry Officer Muhammad Azmat or by the Divisional Forest Officer who passed relevant orders. He, thus, submitted that the orders dated 14-5-1997 and 17;3-1999 be set aside.
4. Conversely, the impugned orders have been supported by the learned counsel for the department as well as by the representative of the department.
5. The only point which requires determination in Constitutional petition is, if the orders dated 14-5- 1997 and 17-3-1999 have been passed in accordance with law or not. A perusal of record reveals that initially Mr. Muhammad Azmat Rabbani, S.D.F.O. Was appointed Enquiry Officer to hold enquiry against nine persons including the petitioners vide order, dated 19-11-1996. However, later on Mr. Abbas Ali, Authorised Officer issued charge-sheet to the petitioners and Mr. Muhammad Rafique on 18-12-1996. The Inquiry Officer submitted his report dated 24-3-1997, wherein he suggested that cost of the material be recovered from the present petitioners as well as Muhammad Rafique.
Thereafter, the Divisional Forest Officer passed order dated 14-5-1997 directing the recovery of Rs,8,692 from each petitioner. Against this order dated 14-5-1997, an appeal was filed which was heard by Conservative Forest, Range Management Circle, Lahore, who dismissed the same vide order, dated 17-3-1999. The procedure adopted by the Inquiry Officer as well as the Appellate Authority is in conformity with the procedure laid down in the Efficiency and Discipline Rules. Even if it is assumed that the Inquiry Officer had not summoned Muhammad Saeed, the immediate officer of the present petitioners during the inquiry, even then impugned orders dated 24-3-1997, 14-5- 1997 and 17-3-1999 shall not be termed as illegal as those have been passed by an officer authorised under the Efficiency and Discipline Rules. Admittedly appraisal of evidence cannot be undertaken while invoking the Constitutional jurisdiction of this Court. The orders passed by the Divisional Forest Officer dated 14-5-1997 and by the Conservative Forest, Range Management Circle/respondent No,1 dated 17-3-1999 do not suffer from any legal defect. Consequently, the writ petition fails and is hereby dismissed.