FEDERATION OF PAKISTAN Through Secretary, Ministry Of Interior, Islamabad
This matter concerns a petition for leave to appeal filed by the Federation of Pakistan against a judgment of the Federal Service Tribunal. The respondent, a police official, was suspended and subsequently charge-sheeted for misconduct and inefficiency regarding the escape of two suspects from police custody. Following an inquiry, the Inspector General of Police imposed a major penalty of reduction in pay from Rs. 1,000 to Rs. 950 per month with permanent effect. The respondent appealed to the Federal Service Tribunal, which modified the penalty to a reduction in pay for a limited period of three years. The core legal question before the Supreme Court is whether the Federal Service Tribunal possesses the jurisdiction to modify the specific quantum of punishment awarded by the competent authority in disciplinary proceedings. The Supreme Court granted leave to appeal to examine this limited point regarding the scope of the Tribunal's appellate authority in reviewing administrative penalties imposed on civil servants. The case remains pending for further adjudication on this specific legal issue.
- Does the Federal Service Tribunal have the authority to modify the quantum of a penalty imposed by a competent authority in disciplinary proceedings?
- Can a service tribunal interfere with the specific punishment awarded for misconduct by an administrative authority?
ORDER
1. S. USMAN ALI SHAH, J.---Muhammad Nawaz Kahut respondent herein was placed under suspension with effect from 13-10-1983 in connection with two police officials who were suspected to be responsible for the death of one Nasir Masih who died in September, 1985 in police lock-up of Abpara Police Station, Islamabad and were slipped out from the custody, with the alleged connivance of the respondent. On 15-10-1983 the respondent claimed to have fallen ill and in support thereof he submitted a medical certificate from a hospital recommending two weeks rest.
2. He availed the said leave, although it was not sanctioned by the competent Authority.
3. The respondent was charge-sheeted on the allegations of misconduct and inefficiency. The Enquiry Officer found him guilty of the said allegations and the I.-G.P. Islamabad vide his order dated 22-4-1985 imposed on him major penalty of reduction in pay from Rs.1,000 to Rs. 950 per month with permanent effect Departmental appeal of the respondent was not replied and his subsequent appeal before the Federal Service Tribunal was partly allowed and his reduction in pay with permanent effect was modified to that of reduction in pay for a period of three years, vide impugned judgment dated 6-6-1989. The Government now seeks leave to appeal against the said order before this Court.
4. After hearing the learned counsel in support of this petition in the light of the finding of the Tribunal, we have observed that the point for consideration in this petition is whether the punishment awarded to the respondent by the Competent Authority, while reducing his pay from Rs.1,000 to Rs.950 with permanent effect can be modified by the learned Tribunal. Leave to appeal is granted on this limited point.
5. Appeal is to be made ready on the present record with permission to parties to file additional documents, if any.