Law: Constitution of Pakistan, 1973

Section: 25(1),212(3)

Law: Service Tribunals Act, 1973

Section: 4

Constitution of Pakistan, 1973-- ----Arts. 25(1) & 212(3)--Service Tribunal Act, 1973 (LXX of 1973), S. 4--Petitioner was serving as ASI--Allegation of snatching of money--Recommendations of inquiry committee--Dismissal from service--Departmental appeal--Declined--Service appeal--Dismissed--Co-accused were recommended minor penalty--Petitioner was recommended major penalty--Discrimination--Distinction to--It is clear from PW-2, & statement that the case of the petitioner was not distinguishable from the others--During cross-examination, PW-2 took an altogether different stance and stated that petitioner had taken Rs. 8000/- from him directly, therefore, both stances taken by him are at variance--After serving department for such a long period, pensionary benefits are right of an employee, which enable him to spend rest of his life peacefully--Article 25(1) of Constitution ordains defiance of discrimination--However, by dismissing petitioner from service while awarding minor penalties to other officials, petitioner has been discriminated against and learned Service Tribunal did not take into consideration this aspect of matter--Petitioner has since retired from service, hence, no order for reinstatement is required--Petition allowed. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the legality of the judgment dated 02.02.2021 passed by the learned Federal Service Tribunal, Lahore, whereby the service appeal filed by the petitioner was dismissed and the penalty of dismissal from service imposed by the departmental authority was upheld. 2. Briefly stated the facts of the matter are that petitioner was serving as ASI in the Anti-Narcotics Force. On 03.02.2016, he was charge-sheeted on the allegation that he illegally took/snatched an amount of Rs. 103,000/- from civilian Khalid Mehmood (PW-2) when a picket was set by ANF officials on Sargodha Khushab Road. An inquiry was conducted and on the recommendations of the Inquiry Officer, major penalty of dismissal from service was awarded to the petitioner. He filed departmental…

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