Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Service Tribunals Act, 1973

Section: 5

Constitution of Pakistan, 1973-- ----Art. 212(3)--Employment as chowkidar--Charge of physical violence at working palace--Filing of complaint before Federal Ombudsman--Lodging of FIR--Conducting of inquiry--Issuance of show-cause notice--Inquiry report--Dismissal from service-Departmental Appeal--Rejected--Appeal before service tribunal--Allowed--Corroboration of medical report--Confirmation of commission of physical violence--Converting of major penalty dismissal from service into withholding of increments--There is sufficient and adequate material on record to establish charge of using physical violence against Mst. Parveen Akhter, Aya of school--said fact was substantiated not only by eye-witness account but also corroborated by Medico Legal Report which confirmed commission of physical violence and infliction of injuries on person of victim--Tribunal has itself recorded findings to effect that no doubt appellant has committed misconduct but penalty imposed upon appellant by respondents is too harsh and does not commensurate with charge--Court has repeatedly held that where Tribunal exercises jurisdiction under section 5 of Service Tribunals Act, 1973, legally sustainable reasons must be recorded--Order must show that Tribunal has applied its mind to facts and circumstances of case and exercised its discretion in a structured, lawful and regulated manner keeping in view dicta of superior Courts in matter--All of above factors are conspicuous by their absence in of Tribunal impugned before us--We, therefore, find impugned of Tribunal to be unstainable and liable to be set aside--Appeal allowed. Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 5--Judgement of tribunal--We fail to understand how penalty imposed by department was too harsh or not commensurate with offence alleged against Respondent--Further, of Tribunal is devoid of any reason let alone cogent for converting major penalty of dismissal from service into withholding of increments for a period of five years. ORDER Ijaz-ul-Ahsan, JUSTICE.- Leave to appeal is sought against a judgment of the Federal Service Tribunal, Islamabad dated 16.12.2019. Through the impugned judgment a Service Appeal filed…

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