Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXXI of 1973)-- ----S. 4--Misappropriation of cash--Registration of FIR u/S. 409, PPC--Acquittal of appellant--Charge sheet--Statement of allegations--Inquiry report--Issuance of show-cause notice--Dismissal from service--Departmental appeal--Rejected--Denial of charges--Entering of wrong figures in record and huge amount was kept by appellant--Question of--Whether punishment of dismissal commensurate with gravity of offence or not--Modification in penalty--Acquittal of appellant does not mean that liability has been resolved--Criminal proceedings and departmental proceedings may be conducted simultaneously, as same are processed on different footings--Acquittal does not affect departmental proceedings--It does not mean that liability has been resolved--Against appellant, most of crucial allegations have been proved and appellant was imposed with penalty of “Dismissal from Service” and recovery of Rs. 2200210/- which was to be recovered under Land Revenue Act, vide order dated 19.4.2017--Against said penalty order, a departmental appeal was moved, which is silent about clarifying Allegations No. 1, 2 3, which are directly related to office record in respect of monetary matters--Allegations are established and appellant deserved penalty--But here a question arises that whether punishment of dismissal commensurates with gravity of offence or not--Misappropriation of a huge amount is a serious offence as well as appellant has tried to dodge Department--Punishment of major penalty is according to gravity of offence, but in this way, whole monetary benefits as earned in past become terminated--His whole service becomes meaningless--Hence keeping in view whole record and his tendency to commit such like offence, he may not be straightaway exonerated from charges--Punishment of dismissal appears to be harsh--So considering on humanitarian grounds, punishment of dismissal is modified into penalty of “compulsory retirement from date of his dismissal”--So far as recovery of Rs. 2200210/-, under Land Revenues Act, is concerned, will remain intact--Appeal disposed of. 2006 SCMR 1005, 2004 SCMR 540 2013 SCMR 817 ref. JUDGMENT Ch. Shahid Naseer,…

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