MUHAMMAD TANVEER vs CHIEF SECRETARY GOVERNMENT OF PUNJAB and others
The petitioner, a Junior Clerk in the Excise and Taxation Department, challenged the departmental penalty of reduction in pay scale by two stages and the subsequent dismissal of his service appeal by the Punjab Service Tribunal. The core legal question concerned the validity of the departmental penalty imposed without specifying a reasonable period for the reduction in pay. The Supreme Court accepted the conversion of the petition into an appeal upon the statement of the Additional Advocate-General that the departmental authority was willing to rectify the omission. Consequently, the Supreme Court set aside the impugned judgment of the Tribunal and the departmental orders, remanding the matter to the competent authority to specify the duration period of the penalty within two months. The key principle laid down is that a penalty of reduction in pay must specify the definite period for which it is imposed.
- Whether a departmental penalty of reduction in pay scale must specify a definite period for its operation?
- Can a departmental authority rectify an omission regarding the duration of a penalty upon remand by the court?
' FAQIR MUHAMMAD KHOKHAR, J.---The petitioner MTC/Junior Clerk of the Excise and Taxation Department was proceeded against departmentally on certain charges. The respondent No,2 impcsed on him a penalty of reduction in pay scale by two stages vide order dated 13-1-2005. His departmental appeal was turned down by the Chief Secretary. Punjab, by order dated 4-8-2005.
Therefore, he filed Service Appeal No,2127 of 2005 which was dismissed by the impugned judgment dated 27-12- 2005 passed by the Punjab Service Tribunal, Lahore.
2. The learned counsel for the petitioner argued that the departmental authorities were required to specify a reasonable period for which penalty of reduction in pay by two stages was imposed.
3. The learned A.A.-G, on instructions from Syed Riaz Hussain, Officer Incharge, Legal Cell, Excise and Taxation Department stated that the departmental authority was willing to rectify the omission and to specify the period of penalty of reduction of the petitioner by two stages in pay scale.
4. In this view of the matter this petition is converted into an appeal and the same is allowed. The impugned judgment of the Tribunal as well as the orders dated 13-1-2005 and 4-8-2005 passed by the respondents are set aside. Consequently the case is remitted to the Secretary to govt. Of Punjab, Excise and Taxation Department Lahore who will specify duration period of the penalty of reduction in pay of the petitioner under intimation to the Assistant Registrar Branch Registry, Lahore of this Court within two months.