Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3 & S---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan, Art.212(3)---Compulsory retirement from service---Employee of WAPDA---Illegal gratification taken by appellant, charge of---Issuance of show-cause notice by Chief Engineer on basis of fact finding enquiries---Conversion of such penalty by Service Tribunal into reduction of time scale by two steps for three years without cumulative effect---Validity---Departmental authority had not held any regular inquiry to prove charge against appellant---Chief Engineer was competent authority to issue show-cause notice to appellant---Appellant had not challenged punishment awarded to him by Service Tribunal, which reflected his involvement in such charge---Impugned judgment was based on proper appreciation of material available on record---Supreme Court dismissed petition for leave to appeal in circumstances. ORDER SYED ZAWWAR HUSSAIN JAFFERY, J. ---The -Petitioner seeks leave to appeal against the judgment dated 30-4-2008, passed by learned Federal Service Tribunal, Islamabad, whereby Service Appeal, filed by the -Respondent Sikandar Ali Khawaja, was partially accepted and he was reinstated into service from the date he was compulsorily retired to the extent that the penalty of compulsory retirement was converted into reduction of time scale by two steps for three years without cumulative effect. 2. Learned counsel for the -Petitioner has submitted that on the face of documentary evidence, during preliminary inquiry, available on record -Respondent-Sikandar Ali Khawaja was found guilty; that the -Respondent failed to give plausible reply on the face of documentary evidence; that the -Respondent has taken an amount of Rs.45,000 illegal gratification from a private person which was duly proved; although the -Respondent was removed from service under Removal from Service (Special Powers) Ordinance, 2000, yet there was no need to hold regular inquiry, however, the -Respondent was duly heard by the Inquiry Office during the course of inquiry and that the learned Tribunal has not taken into consideration the facts and…

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