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Appeal No. GA‑311 of 1983, decided on 5th August, 1984.

‑‑S. O. 15 (2)(iv)‑‑Dismissal from service on charge of misappropria tion‑Order of Labour Court challenged before Tribunal‑Convic tion based on opinion of witness set aside for want of cogent evidence‑Appellant reinstated in service.

Ghulam Rasool for Appellant.

Shuja‑ud‑Din for Respondent.

Date of hearing : 24th July, 1984.

The decision dated 16th May, 1983 passed 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 reinstate ment in service was dismissed.

2. The case of the respondent was that the Bus conducted by the appellant broke down and he seated the passengers to another Bus. He is alleged to have issued tickets Exhs. R. 1 and R. 2 from Wazirabad to Lahore but changed the destination as Gujranwala and the figure of fare from "Seven" to "Two" in the counter-fail and in this manner mis appropriated the fare. Only the district clerk who made the report against the appellant appeared in the enquiry. What he says, is his opinion. He not being a handwriting expert, his opinion is not acceptable. I have examined the counterfoils Exhs. R. I and R. 2 but nothing can be said that certainty. In the absence of cogent evidence, the appellant could not be convicted and punished.

3. As a result the appeal is accepted setting aside the impugned decision of the learned lower Court and the order of dismissal, the appellant is directed to be reinstated in service. Since the appellant did not say that he remained jobless during the period of this dismissal, he is not entitled to back benefits.

M.I.

Appeal accepted.

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