ABDUL HASSAN vs SECRETARY, EDUCATION (S&L) N.-W.F.P. and 3 others

ORDER

1. ' Counsel for the appellant and Wazir Zada, Legal Adviser with A.-G.P. For respondent-Department present. Replication not filed. Heard. Record perused.

2. ' This appeal under section 4 of the N.-W.F.P. Service Tribunals, Act, 1974 arises against an order, dated 10-6-1998 vide which the appellant was dismissed from service w.e.f. 10-1-1998, with the prayer that on acceptance of this appeal, the impugned dismissal order may be changed into one compulsory retirement enabling the appellant to get pensionary benefits of rendering more than 10 years' service.

3. ' It appears that the appellant while serving as A.W.I. In the respondent-Department was involved in a murder case. On conclusion of the trial, he was sentenced to imprisonment for life and also to pay a fine of Rs,70,000. The accused/appellant after undergoing the above sentence, reported his arrival to the Director, National Telecommunication Corporation, Peshawar on 14-8-2005, where his services were already placed on deputation, but before his arrival, he had already been dismissed from service. After exhausting his departmental remedy, the appellant has approached the Tribunal for the redressal of his grievances.

4. ' The only contention of the appellant is that since he has rendered more than 10 years of service, therefore, the impugned order of his dismissal from service be converted into one compulsory retirement to enable him (appellant) to get pensionary benefits.

5. ' The plea taken by the respondent-Department is that the appellant was involved in a murder case; that he was convicted by the Court of Additional Sessions Judge, Takht Bhai in the said murder case and in the light of the judgment of the competent Court of law, the impugned order of dismissal from service of the appellant was passed which being proper calls for no interference by the Tribunal.

6. ' After hearing the arguments and perusing the record, the Tribunal tends to agree with the arguments advanced by the learned counsel for the appellant. Before conviction order passed against the appellant, he had already rendered more than 10 years of service, therefore, keeping in view the services rendered by him the impugned punishment of dismissal from service is converted into one compulsory retirement which is also a major penalty. With the above modification/ variation in the impugned order, the instant appeal stands disposed of accordingly, with no order as to costs. File be consigned to the record.