EJAZ NABI SALIMI vs DEPUTY DIRECTOR FOOD, LAHORE REGION, LAHORE and another
This matter arises from a petition for leave to appeal directed against an order of the Service Tribunal. The appellant, serving as a Food-grains Inspector, was penalized departmentally by being ordered to reimburse a portion of a wheat stock shortage. Upon appeal, the Service Tribunal exonerated the co-accused Assistant Food Controller and transferred his share of the loss liability onto the appellant, thereby effectively enhancing the appellant's penalty. The core legal question examined was whether the Service Tribunal possesses the authority to enhance a departmental punishment upon an appeal filed by an aggrieved civil servant. Relying on established precedent, the Supreme Court held that the Service Tribunal has no power, directly or indirectly, to enhance a penalty imposed by the departmental authority. Consequently, the Court allowed the appeal, set aside the Service Tribunal's order regarding the enhancement, and restored the original departmental recovery order. The key principle laid down is that the Service Tribunal cannot enhance the punishment of a civil servant in an appeal filed by the civil servant against departmental penalties.
- Whether the Service Tribunal can enhance the punishment of a civil servant in an appeal filed by the civil servant against a departmental punishment?
- Does the Service Tribunal have the power to transfer the liability of a co-accused onto an appellant civil servant?
- Article 212(3), Constitution of Pakistan 1973
' SHAFIUR RAHMAN, J.--- Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Service Tribunal could in appeal filed by the affected civil servant against departmental punishment enhance the punishment. At the stage of leave grant, a similar case Salahuddin Butt v. Punjab Service Tribunal and 3 others (1988 SCM R 497) was taken note of wherein leave to appeal had been granted to examine the same question of law.
2. The facts of the case show that the appellant was serving as a Food-grains Inspector, at P.R.
Centre, Shergarh, District Okara. A shortage in wheat stock was discovered. A departmental enquiry was held wherein, he alongwith the Assistant Food Controller was found guilty of negligence and both were called upon to reimburse to the extent of loss in the ratio of 60 to 40 per cent. Both had appealed to the Tribunal. The Tribunal accepted the appeal of the Assistant Food Controller and cleared him of all responsibility in the matter but while rejecting the appeal of the appellant passed on the extent of loss which was made, the responsibility of the Assistant Food Controller also the responsibility of the appellant thereby enhancing the penalty in the matter of reimbursement.
3. After hearing the learned counsel for the parties, we find that the case which was noted at the time of leave granting order has been. Decided and reported as Salahuddin Butt and others v.
Punjab Service Tribunal and others (PLD 1989 SC 597); such an enhancement, direct or indirect, has been held to be not within the powers of the Service Tribunal. Hence, on that score alone, this appeal is liable to succeed and the order of the Tribunal to be set aside.
4. The learned counsel for the appellant attempted to take us further to the facts of the case with a view to demonstrate on the strength of Director Food, Government of the Punjab, Lahore and another v. Syed Abu Bakar Shah and another (1990 SCM R 1412) that no responsibility for the loss could be placed on the appellant as the enquiry in the manner provided in law had not taken place, and storage conditions have not been accounted for. As this is a matter on which leave to appeal has not been granted, we would not permit it to be raised at this stage.
5. In the circumstances, appeal is allowed only to the extent that the order of the Tribunal enhancing the penalty imposed on the appellant is set aside and order of the department dated 30-10-1985 ordering recovery to the extent of 40 per cent, from the appellant is restored. No order is made as to costs.