DIRECTOR-GENERAL, CENTRAL DIRECTORATE OF NATIONAL SAVINGS
This matter concerns civil petitions for leave to appeal filed by the Director-General, Central Directorate of National Savings against a judgment of the Federal Service Tribunal. The Tribunal had partly allowed appeals filed by employees who were previously removed from service for alleged embezzlement, cuttings, and alterations in official records. The Tribunal modified the major penalty of removal from service to a minor penalty of stoppage of three increments for three years without cumulative effect, while treating the intervening period as leave of the kind due. The petitioners challenged this modification, arguing that the Tribunal failed to appreciate the material on record and took an overly sympathetic view despite the respondents' admitted acts of omission and commission. The Supreme Court granted leave to appeal to determine whether the Federal Service Tribunal acted beyond its jurisdiction in modifying the punishment awarded under the relevant Ordinance, particularly when there was sufficient material to substantiate the charges against the respondents and when the respondents had admitted to their misconduct.
- Does the Federal Service Tribunal have the jurisdiction to modify a major penalty of removal from service to a minor penalty when charges of embezzlement and record tampering are substantiated?
- Can the Federal Service Tribunal grant relief to employees who have admitted to acts of omission and commission regarding financial irregularities?
- Ordinance No. XVII of 2000
ORDER
' HAMID Ali MIRZA, J.--- These civil petitions for leave to appeal are directed against judgment, dated 3-8-2004 in Appeals Nos.294(K)C.S. Of 2002 (filed by Syed Muzammil Hussain), 295(K)CS of 2002 (filed by Abdul Malik) and No,296(K)CS of 2002 (filed by Syed Qamar Abbas), passed by the Federal Service Tribunal, at Islamabad, whereby the said appeals were partly allowed and the impugned orders were set aside and the respondents were reinstated in service, whereby major penalty of removal from service was modified and converted into minor penalty of stoppage of three increments for three years without cumulative effect and the intervening period was treated as leave of the kind due.
2. Brief facts of the case are that the respondents are said to be employees of the petitioners- Department and during period -of their posting at the said branch, they while posted as cashier and clerks respectively in the said branch made certain cuttings/over-writings and alterations in the record and also withdrew certain amount from the Government treasury and thereby embezzled huge amount when principal culprit Syed Furqan Raza confessed and admitted his guilt in his statement, dated 10-5-2000 before the Investigating Committee.
3. Learned counsel for the petitioners submitted that learned Federal Service Tribunal has not appreciated the material on record so also not applied the law in true perspective and has arrived at wrong conclusion and has taken sympathetic view in deciding the matter.
4. We find that a case for grant of leave to appeal is made out. Accordingly we grant leave to appeal inter alia to consider as to whether modification and alteration in punishment awarded under Ordinance No,XVII of 2000 could not have been made by the Service Tribunal which modification and alteration in the punishment was beyond the jurisdiction of the Tribunal when there being sufficient material to prove, the charges against the respondents for the acts of omissions and commissions, therefore, they could not be given benefits for their acts of omissions and commissions, considering that the respondents have admitted their acts of omissions and commissions in respect of the charges levelled against them.
5. Order accordingly.