Law:

Section:

Petty Misconduct-- ----Allegation of obtaining copies of official--Unauthorizedly would no doubt constitute misconduct but it was a petty misconduct partially allowed the appeal and modified the penalty of the appellant of reduction to one stage lower in pay grade--Demotion to the post of Assistant Manager to lower stage in time scale for one year--Intervening period would be treated as leave of any kind due to civil servant--Appeal partially allowed. [P. 64] A Judgment Qazi Muhammad Hussain Siddiqui, Member.--Advocate for the Appellant is present Advocate for the Respondents is not present. D.R. Mr. Abdul Mannan Bhatti, who is Law Officer of the Respondents is present. 2. On the last date of hearing we had heard the learned Advocates for the parties and we had recorded the arguments of both sides which are reproduced as under: "Advocates for parties are present. We have heard them and have perused the record of the case. The Appellant was originally penalized with dismissal from service but later on he was reinstated in service by converting the penalty of dismissal from service into reduction to one stage lower in the pay grade vide Memo dated 30.12.2002. The Learned Counsel for the Appellant states that there is a petty allegation of misconduct against the Appellant of obtaining copies of official nothing pertaining to his Appeal dated 15/1/2002 unauthorizedly; for such a petty misconduct even the conversion of the penalty of the Appellant to one grade lower is also extremely harsh as it has affected adversely the income of the Appellant to support his family causing extremely hardship for him; that conversion of the penalty on humanitarian grounds needed further sympathy for the poor Appellant, therefore, the learned Counsel requested that instead of reduction to lower post the penalty be converted into reduction to one stage lower in time scale; further that the Appellant will be satisfied if the Tribunal may graciously…

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