Law:

Section:

(a) Pakistan Railways Personnel Manual----Para 1725(a)--- Constitution of Pakistan, Art. 212(3)--­ Civil service---Misconduct---Penalty---Enhancement of penalty after issuance of show-cause notice---Legality---Show-cause notice not providing reasons for enhancement of penalty---Effect---Civil servant/accused, who was serving as Fuel clerk, was proceeded against for misconduct as he allegedly maintained a bogus record on the asking of his superiors/co-accused---Competent authority awarded civil servant penalty of reduction by two steps in time scale for two years---General Manager of Railways/Appellate authority during hearing of appeal of some of the co-accused issued suo motu notice of enhancement of penalty to civil servant and thereafter enhanced the penalty to removal from service---Service Tribunal allowed appeal of civil servant and restored original penalty of reduction by two steps in time scale for two years---Validity---Nature of misconduct on part of civil servant/accused was distinct from that of the co-accused person, who were his immediate superiors and on whose asking he had made bogus entries---General Manager Railways/Appellate authority had to give prior notice to the civil servant in terms of Paragraph 1725(a) of Pakistan Railways Personnel Manual and such notice had to specify the reasons for the proposed enhancement in penalty---Show-cause notice issued to civil servant did not explicitly give reasons for enhancement of penalty and merely mentioned that penalty originally awarded did not commensurate with the gravity of the offence---Finding of Service Tribunal were not arbitrary, against the record or the law declared---Railway authorities/petitioners had not raised any question of public importance within the meaning of Art.212(3) of the Constitution---Petition for leave to appeal was dismissed in circumstances and leave was refused. (b) Civil service--- ----Minor/major penalty, award of---Prerequisite---Competent authority while awarding the penalty had to keep in mind the gravity of the charge. ORDER TASSADUQ HUSSAIN JILLANI, J.---The respondent while serving as Fuel Clerk was proceeded against for misconduct and following charge sheet…

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