Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S. 4---Misconduct---Disciplinary proceedings---Employee had gone abroad---Ex parte inquiry proceedings---Scope---Major penalty of "dismissal from service" was imposed upon the employee when he was on ex-Pakistan leave while proceeding ex-parte---Contention of employee was that he was condemned unheard and no opportunity of defence was afforded to him---Validity---Employee had exceeded his powers while restoring the cancelled plots-Civil servant had transgressed his powers and acted beyond the mandate which was misconduct and infraction on his part---Civil servant having gone abroad could not defend himself during the inquiry proceedings; he had furnished documentary evidence in his favour after remand of case by the Supreme Court---Major penalty was required to be imposed upon the civil servant but there was no direct allegation that cancelled plots were restored by him for mundane consideration---Civil servant had more than two decades of service---Right to seek further employment by civil servant in other department/organization should not be forfeited keeping in view his agony, ordeal, mental stress and illness, major penalty of "compulsory retirement from service" would be in sync with the enormity of allegations/improprieties and same would meet the ends of justice---Service appeal was disposed of by modifying the penalty of "dismissal from service" to "compulsory retirement from service" with effect from the date of impugned order---Absence of employee would be treated as leave of the kind due---Question of back benefits if any should be decided by the competent authority. Federation of Pakistan through Secretary, Ministry of Education and others v. Naheed Naushahi 2010 SCMR 11 rel. JUDGMENT SYED NASIR ALI SHAH, (MEMBER).--- This fairly old appeal has checkered history. It was instituted on 22-2-2010. On 20-6-2011 the appeal was accepted by this Tribunal. The respondents went in appeal and the Hon'ble Supreme Court of Pakistan vide order dated 10-6-2015 accepted the appeal, set aside the judgment dated 20-6-2011 of this Tribunal and remanded the appeal to this Tribunal to re-decide the same, after giving…

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