Law:

Section:

(a) Civil service--- ----Misappropriation of money orders by forging signatures of payees----Corruption, misconduct and inefficiency---Admission of guilt---Dismissal from service---Service Tribunal converting penalty of dismissal from service into withholding of one increment for two years---Legality---Fact of misappropriation of the money orders amount was not disputed---Respondents (postmen) gave an explanation before the Court that instead of delivering the said amount to the payees, they kept the same with them for 10/15 days, on asking of the payees, who were out of town---However respondents admitted that they were supposed to handover the money orders back to the Post Office if the payees were not available at the addresses---Service Tribunal itself took note of the fact that the respondents had used the money orders amount for their own purpose and they were in the habit of committing misappropriation of the same amount but despite that took a lenient view, which was not warranted in law because misappropriation of the amount either meager or huge resulted in breach of trust which was reposed in a government servant and the delinquent had no right to be retained in service---Appeal was allowed, impugned of Service Tribunal was set aside, and penalty of dismissal from service was restored. Divisional Superintendent, Postal Services v. Muhammad Arif Butt 2021 SCMR 1033 ref. (b) Civil service--- ----Misappropriation of public money---Dismissal from service--- Scope---Misappropriation of amount either meager or huge resulted in breach of trust which was reposed in a government servant and the delinquent had no right to be retained in service. Divisional Superintendent, Postal Services v. Muhammad Arif Butt 2021 SCMR 1033 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through these appeals by leave of the Court under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, the appellants have called in question the vires of the impugned judgment dated 10.09.2018 passed by the learned Federal Service Tribunal, Lahore, whereby the Service Appeals filed by the respondents were allowed and the penalty of dismissal from service was converted…

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