Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 5

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S. 5--- Federal Service Tribunal (the Tribunal), powers of---Scope---Penalty of dismissal from service imposed upon civil servant (respondent) by the departmental authorities converted into compulsory retirement with all due benefits by the Tribunal---Legality---After having recorded findings against the respondent and holding that all legal, procedural and codal formalities had been followed, and the respondent had been given ample opportunity to defend himself and the charges against him had been proved, the Tribunal arrogated to itself the jurisdiction to modify the penalty of dismissal from service to compulsory retirement---In exercising such jurisdiction for reasons best known to it the Tribunal did not record any reason whatsoever---Tribunal enjoyed powers to modify any order passed by the departmental authorities, however, such power was required to be exercised carefully, judiciously and after recording cogent reasons for the same in appropriate cases keeping in view and considering the specific facts and circumstances of each case---In the present case, the penalty in question had been imposed upon by the respondent by the departmental authorities on the basis of established charges, in accordance with law and the relevant rules---In such circumstances, it was not understandable as to how and from where the Tribunal derived the authority to exercise a power in favour of the respondent in an arbitrary, unstructured and whimsical manner without recording any reasons---Appeal was allowed, impugned of Tribunal was set-aside and penalty of dismissal from service imposed by departmental authorities was restored. Chief Postmaster, Faisalabad v. Muhammad Afzal 2020 SCMR 1029 ref. (b) Administration of justice--- ----Relief by courts/tribunals, grant of---Scope---All Courts/Tribunals seized of matters before them were required to pass orders strictly in accordance with the parameters of the Constitution, the law and the rules and regulations framed under the law---No Court had any jurisdiction to grant arbitrary relief without the support of any power granted by the Constitution or the law. JUDGMENT IJAZ UL…

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