THE COMMANDANT, 502, E.M.E. CENTRAL WORKSHOP, RAWALPINDI And Other vs No.M.E-19862 LDC AYUB HUSSAIN
This petition for leave to appeal was filed by the Commandant, 502, E.M.E. Central Workshop, Rawalpindi, challenging a judgment of the Federal Service Tribunal. The respondent, an L.D.C., had been removed from service following an enquiry into an incident where he physically assaulted his Head Clerk. The Federal Service Tribunal, while acknowledging the misconduct, had modified the penalty from removal from service to reduction to three lower stages in his pay scale for three years. The core legal question was whether the Service Tribunal acted within its jurisdiction in modifying the departmental penalty. The Supreme Court upheld the Tribunal's decision, finding that the Tribunal had provided sound reasoning for the leniency, specifically noting that the incident was a sudden quarrel, the parties had compromised, and the respondent had seven years of prior service. The Court held that the Tribunal possesses the appellate jurisdiction to modify and reduce penalties imposed by departmental authorities, provided the substituted penalty remains within the scope of permissible punishments under the relevant disciplinary rules. The petition was dismissed as the order suffered from no legal infirmity.
- Does the Federal Service Tribunal have the jurisdiction to modify a penalty imposed by departmental authorities in service matters?
- Is the reduction of a penalty by the Federal Service Tribunal legally permissible if the substituted penalty is provided for in the Government Servants (Efficiency and Discipline) Rules, 1973?
- Government Servants (Efficiency and Discipline) Rules, 1973
ZIA MAHMOOD MIRZA, J.---The Commandant, 502, EME Central Workshop, Rawalpindi and four others have filed this petition to seek leave to appeal against the judgment of the Federal Service Tribunal dated 19-3-1995 whereby appeal of the respondent employee has been partly allowed and the penalty of his removal from service has been converted into that of "reduction to three lower stages in his the scale for a period of three years with effect from 7-3-1994 without cumulative effect".
2. Respondent, an L.D.C. In 502 Central Workshop, EME, Rawalpindi quarrelled with his Head Clerk, physically assaulted him and hit him on his face. An enquiry was held in which he was found guilty and consequently he was removed from service with effect from 7-3-1994. Feeling aggrieved, the respondent preferred an appeal before the Federal Service Tribunal, which as stated above was partly allowed in the aforesaid terms vide the impugned judgment.
3. We have heard the learned Deputy Attorney-General for the petitioners. His grievance is that the respondent having committed an at of grave indiscipline by physically assaulting the Head Clerk was rightly removed from service and the Service Tribunal was not justified in reducing the punishment awarded to him in appropriate proceedings. On perusal of the impugned judgment, we find that the learned Tribunal has given good reasons for awarding lesser punishment to the respondent. It has been observed by the learned Tribunal that the quarrel between the respondent and the Head Clerk was a sudden affair. Both of them had subsequently compromised and gave a written assurance of good behaviour in future. The Tribunal also took note of the fact that the respondent had already put in 7 A years' service in the Department and in the circumstances, the penalty of removal from service was somewhat harsh. Learned Deputy Attorney-- General has not controverted any of these observations/findings recorded by the Tribunal nor is it denied that the learned Tribunal in exercise of his appellate jurisdiction was fully competent to modify and reduce the penalty awarded by the departmental authorities. We also find that the penalty imposed by the learned Tribunal is also one of the major penalties provided in the Government Servants (Efficiency and Discipline) Rules, 1973.
4. Upshot of the above discussion is that the impugned order of the Service Tribunal in awarding lesser punishment to the respondent is quite just and fair and it does not suffer from any legal infirmity or jurisdictional error. This petition is accordingly dismissed and the leave sought is refused.