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Case No. 306/462 of 1979, decided on 18th May 1980.

‑‑ Dismissal for misconduct‑Manipulation of record with ulterior motive charged‑Charge neither proved on evidence nor on examina tion of record‑Enquiry Officer also not holding accused of himself guilty of alleged manipulation‑Case built merely on presumption -Dismissal order, in circumstances, held, not sustainable‑Punjab Service Tribunals Act (IX of 1974), S. 4.

The appellant, Mohammad Yaqub, was a Patwari posted at Choah Saidan Shah when he was charge‑sheeted for in terpolating in the revenue record in order to effect payment of compensation of land acquired for Government purposes to un‑entitled persons and for preparing qabzul wasool in favour of these un-authorised persons. He was found guilty and dismissed from service vide order of Assistant Commissioner/Collector, Pind Dadan Khan, dated 5‑6‑1979. Simultaneously, he was charged with having remained absent from duty from 28‑12‑1978 to 5‑1‑1979 and found guilty. On appeal, the Commissioner Rawalpindi Division, held the appellant guilty but, in view of his long service, converted the punishment into compulsory retirement vide his order of 30‑7‑1979.

2. Brief facts of the case are that a piece of land from Khasra No. 4263 was to be acquired for construction of a micro‑wave station (Scheme No. 1) and more than 18 kanals from Khasra No. 3407 for the approach road to the station (Scheme No. 2). Both parties from the two Khasra numbers covered shamlat land which was mentioned in the record as ghair mumkin pahar and being uncultivable was in nobody's physical possession. Changes about ownership were made in the relevant Jamabandis after notification of the acquisition proceedings, these changes being illegal and void and the appellant is stated to have paved the way for payment of compensation for this land to un-authorised persons by preparation of qabzul wasool in the name of un-entitled persons.

3. The parties were heard and the record examined. It was urged on behalf of the appellant that be had not made any changes in the revenue record and that he had carried out the acquisition proceedings and payment of compensation according to the record available to him. If any changes had been made, and some persons had been shown to be in possession of the land in question instead of the land being shown as ghair mumkin pahar, then it was done before his time. In respect of compensation, he had prepared the qabzul wasool according to the record available and there was no dishonest intention involved in the act. On the other hand, it was averred on behalf of the respondents that as Patwari, the appellant was expected to know what was the position of the land under the two Khasra numbers, in that the area shown in the jamabandi to be under cultivation of tara meera was a patent fraud, for ghair mumkin pahar, could hardly lend itself to any cultivation.

4. We feel that the whole case against the appellant has been built up on the presumption that he had made the changes in the revenue record which led to wrong assessment and payment of compensation. This was not proved before us either by examination of the record or by any other evidence. In fact even the report of the Tehsildar, which otherwise holds the appellant guilty, does not specifically charge the appellant with having himself made the changes which resulted in illegal payment of compensation. When the basic charge has not proved to be correct it is not possible for the rest of the superstructure to stand.

In view of the inability of the respondents to bring home the charge of having altered the revenue record, the punishment of compulsory retirement is held to be unlawful. The appeal is, therefore, accepted. As for the charge regarding absence from duty, the Commissioner has held it was a minor fault. We are accordingly, of the view that the pay on this account of the appellant be reduced by one stage. Consequently, the appeal succeeds with no orders as to costs. However, the appellant will get only half of his pay for the period he remained out of service.

Order accordingly.

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