MUHAMMAD ASLAM Versus DIVISIONAL ENGINEER, PAK. RAILWAYS
This appeal before the Supreme Court of Pakistan arose from a service matter where the appellant, a Grade-12 railway employee, was removed from service following a departmental inquiry that found him guilty of inefficiency and causing a significant shortage of ballast. The appellant challenged the proceedings, contending that the Divisional Engineer (a Grade-18 officer) was incompetent to issue the charge-sheet, as the relevant rules designated the Deputy Head of the department (a Grade-19 officer) as the competent 'Authorised Officer', thereby rendering the entire proceedings without jurisdiction. The Supreme Court observed that while this argument was raised, the question was a mixed one of law and fact, confined to the appellant's specific case and lacking general public importance. Consequently, the Court held that Article 212 of the Constitution of Pakistan 1973 was not attracted. Additionally, the Court rejected the appellant's plea of unequal treatment regarding harsher punishment compared to colleagues, ruling that a rightly punished individual cannot claim benefits erroneously allowed to others. The appeal was dismissed.
- Whether a mixed question of law and fact confined to the specific circumstances of an individual appellant satisfies the requirement of a question of law of public importance under Article 212 of the Constitution of Pakistan 1973?
- Can a civil servant challenge a validly imposed disciplinary punishment on the ground of discrimination if other guilty colleagues received lighter penalties or were not proceeded against?
- Rule 2, Railway Servants (Efficiency and Discipline) Rules 1975
- Article 212, Constitution of Pakistan 1973
MUHAMMAD AFZAL ZULLAH, C.J.‑‑‑ This appeal through leap of the Court has arisen out of a service matter. The leave to appeal w: granted as follows:‑‑
"This is a petition for leave to appeal against the order of Federal Service Tribunal, Islamabad, dated 30‑6‑1990.
The petitioner was serving in the Pakistan Railways as I.O.W. He ha 37 years of service at his credit but on 31st July, 1984 he was serve with a charge‑sheet by the Divisional Engineer alleging that the petitioner was inefficient and responsible for shortage of 965514 cft. of ballast and he was directed to deposit an amount of Rs.13,91,349. A reply was submitted by the petitioner denying the charge but he was proceeded against departmentally and an enquiry conducted again him. A joint enquiry committee consisting of AEN I, Lahore an APO‑2, Lahore found the petitioner guilty of the charges levelled against him. The Divisional Engineer‑II, Lahore served a show‑eau: notice upon the petitioner on 7‑7‑1987. The petitioner was, however found guilty and a major penalty was imposed upon him and he was removed from service on one month's pay in lieu of one month notice on 26‑7‑1987. The appeal of the petitioner before the departmental authority had failed and so was his appeal before the Service Tribunal.
The learned counsel for the petitioner has been heard. He contended inter alia, that the petitioner was a Grade‑12 railway employee. The Divisional Engineer who is a Grade‑18 Officer was not competent issue the charge‑sheet as it is only the Deputy Head of the department in Grade-19 who is an Authorised Officer in the case of the petitioner according to the list of Authorities/Authorised Officers in sub‑rule (2) and (3) of Rule 2 of the Railway Servants (Efficiency and Discipline) Rules of 1975 as shown in Schedule V, thus rendering the entire proceedings as without jurisdiction. He submitted that this point was urged before the Service Tribunal which was taken note of but has not at all adjudicated upon.
After hearing the learned counsel we think that the case requires consideration."
2. It is not denied that the following argument in this case is important:
"The Divisional Engineer who is a Grade‑18 Officer was not competent to issue the charge‑sheet as it is only the Deputy Head of the department in Grade‑19 who is an Authorised Officer in the case of the petitioner according to the list of Authorities/Authorised officers in sub‑rules (2) and (3) of Rule 2 of the Railway Servants (Efficiency and Discipline) Rules of 1975 as shown in Schedule V, thus, rendering the entire pr6eeedings as without jurisdiction."
However, it is not denied also that the question raised in the above argument is mixed one of law and fact. Even the legal part is confined to the particular case of the appellant. It is not one of general importance. If we resolve the same by examining the facts and circumstances of this case it will be a decision relevant only to the present case. Hence it is not a case in which a question of law of "public importance" is involved. Article 212 of the Constitution is thus not attracted/satisfied.
3. When we pointed out this difficulty in proceeding any further with the appeal learned counsel for the appellant tried to argue that it is a special case in which the appellant alone has been awarded somewhat harsh punishment. One of his colleagues was only retired and may be some more not at all proceeded against.
4. The statement made by the learned counsel does show a disturbing situation in so far as the dictates of justice and equal treatment before law is concerned but the remedy here is not the one that who has been rightly punished should also be granted benefits which were allowed to the others while they were not entitled to them. If some other persons are guilty and they have not properly been punished steps can be taken to punish them also properly, if they are guilty. But on that account the appellant cannot be allowed the benefit of acceptance of this appeal. The same, accordingly, is dismissed.
A.A./M‑1739/S Appeal dismissed.