Pakistan Case LawGOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Rawalpindi and anothers Versus ABDUL HAMID
This petition for leave to appeal challenged a judgment of the Federal Service Tribunal, which had partially set aside a disciplinary order against a government employee. The respondent, a Record Keeper and In-charge of Maps, faced disciplinary action after maps were found missing, resulting in his reduction to a lower grade and an order for the recovery of Rs. 77,890. The Federal Service Tribunal, upon reviewing the departmental inquiry, concluded that the evidence created doubt regarding the respondent's liability for the missing maps and consequently set aside the recovery order, while maintaining the reduction in rank. The Supreme Court examined the findings of the Tribunal and found no legal infirmity in the decision to extend the benefit of doubt to the respondent regarding the financial recovery. Furthermore, the Court noted that because the respondent had not filed a cross-appeal challenging the reduction in his rank, it could not grant further relief. Consequently, the Supreme Court refused leave to appeal, affirming the Tribunal's judgment and dismissing the petition.
- Can the Supreme Court grant relief regarding a disciplinary penalty if the aggrieved employee has not filed an appeal against that specific penalty?
- Is the Federal Service Tribunal empowered to set aside a financial recovery order if the evidence regarding the employee's liability is doubtful?
ORDER
MIR HAZAR KHAN KHOSO, J.---This petition for leave to appeal is directed against the judgment dated 22-6-1994 passed by the Federal Service Tribunal, Islamabad.
2.Facts of the case are that the respondent was Record Keeper and In charge of Maps. The maps were found short. A Board was constituted in respect of the same. Its report was in positive. Departmental Inquiry Committee was appointed who found the maps short and respondent Abdul Hamid to be negligent in performance of his duty. Show-cause notice was issued to him accordingly. On 15-6-1993 he was reduced to lower grade and recovery of Rs,77,890 was also ordered to be made from him. He filed departmental appeal, but of no avail. The respondent riled appeal before the Federal Service Tribunal, Islamabad. The Tribunal, vide para. 7 of its judgment, set aside the order regarding recovery of Rs,77,890. He was reduced to lower stage in his time scale for a period of two years from the date of passing of the order i,e. 15-6-1993. Against the above said order of the Service Tribunal the Government has come before this Court through this petition.
3.We have heard Raja Muhammad Bashir, Deputy Attorney-General, with Raja Abdul Ghafoor, Advocate-on-Record, for the petitioners and Mr. Muhammad Bashir Kiyani, Advocate Supreme Court with Mr. Ejaz Muhammad Khan, Advocate-on-Record, for the respondent.
4.We have gone through the impugned order. The Service Tribunal has considered all the facts involved in the case. In para. 7 of its judgment the Service Tribunal came to the conclusion that the circumstances create doubt in their minds and extended benefit of doubt in favour of the respondent. But, however, set aside only the order regarding recovery of Rs,77,890. We do not find any fault with its such decision. However, the respondent has not filed any appeal against the reduction of his rank, we, therefore, cannot extend any further benefit in his favour. Under the circumstances we do not see any reason to interfere with the impugned judgment. The leave to appeal is refused and the petition is dismissed accordingly.
Judges on this bench
- Manzoor Hussain Sial807 judgments
- Mir Hazar Khan Khoso453 judgments