DIVISIONAL FOREST OFFICER, KASUR Versus ZAHID ALI

ORDER

KHILJI ARIF HUSSAIN, J .-The petitioners, aggrieved by the order of the Punjab Service Tribunal, Lahore whereby the appeal filed by the respondent was partly accepted, the orders dated 17-9-2009 and 2-2-2010 were modified to the extent that the penalty of recovery of Rs.108740 is waived off.

2. It is contended by the learned counsel for the petitioners that no valid and cogent reasons have been given by the Tribunal for waiving off the penalty imposed by the competent authority. In reply to a query made by us, whether any departmental inquiry was conducted in the matter looking to the nature of allegations, to which, learned counsel for the petitioner stated that no regular inquiry was conducted and the inquiry was dispensed with. From perusal of the record it appears that while waiving off the inquiry, no plausible reason has been given by the petitioner.

3. In this view of the matter, this petition is converted into appeal and allowed, the impugned judgment as well as order dated 17-9-2009 and 2-2-2010 are set aside. However, if the department, so desire, can hold de novo inquiry against the respondent within the period of four months from the date of this order.

S.A.K./D-7/SC Appeal accepted.