Law: Service Tribunal Act, 1975

Section: 5(1)

(a) Civil service----Punishment---Award and quantum of punishment---Scope---Award of appropriate punishment under the law is primarily the function of the concerned administrative authority and the role of the Tribunal/Court is rather secondary---Court ordinarily would not substitute its own finding with that of the said authority unless the latter’s opinion is unreasonable or is based on irrelevant or extraneous considerations or is against the law declared---Law provides for more than one kind of punishments keeping in view the object of such penal provisions and the gravity of the charge in a case---Conceptually punishment to a delinquent public servant is premised on the concept of retribution, deterrence or reformation---In awarding punishments, the competent authority has to keep in mind the underlying object of law and the severity of the misconduct. Secretary, Government of Punjab and others v. Khalid Hussain Hamdani and 2 others 2013 SCMR 817 ref. (b) Service Tribunals Act (LXX of 1973)----S. 5(1)---Service Tribunal, powers of---Scope---’Negligence’ and ‘gross negligence’---Distinction---Expression ‘negligence’ connotes a dearth of attentiveness and alertness or disdain for duty---Genus of accountability and responsibility differentiates and augments an act of gross negligence to a high intensity rather than an act of ordinary negligence---To establish gross negligence, the act or omission must be of a worsened genre whereas ordinary negligence amounts to an act of inadvertence or failure of taking on the watchfulness and cautiousness which by and large a sensible and mindful person would bring into play under the peculiar set of circumstances---In unison, recklessness is a mental state or state of mind which is adjudged both subjectively and objectively---Gross negligence or recklessness in performing the designated or assigned duty are both flagrant acts of negligence and tantamount to misconduct which is of course subject to realizing and understanding the gravity and seriousness of the allegations of misconduct complained of---Sometimes a little or minor mistake or negligence or inefficiency may cause serious disaster or devastation and have severe…

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