Law: Service Tribunals Act, 1973

Section: 5

(a) Civil service--- ----Misappropriation of public money---Dismissal from service---Penalty of dismissal from service imposed upon respondent-postman by the departmental authorities was converted by the Service Tribunal into stoppage of two increments for a period of two years without future effect with reinstatement in service with all back benefits---Legality---Government servant who was found to have misappropriated public money, notwithstanding its amount, breached the trust and confidence reposed in a Government servant who was charged with the responsibility of handling public money---Misappropriation of the same, whether temporary or permanent and irrespective of the amount constituted dishonesty and misconduct---Such an/employee/individual had no place in Government service because he broke the trust and proved himself to be unworthy of the confidence that the State reposed in him---In the present case, despite recording a finding to the effect that the allegations of inefficiency and misconduct stood proved against the respondent, who in his defence had failed to contest or disprove the same, the Tribunal proceeded to take a lenient view in the matter---Such leniency by the Tribunal amounted to granting a premium to an employee who had admittedly and blatantly violated the laws and rules applicable to his service and had been proven guilty of misconduct and misappropriation---Further, the impugned of the Tribunal was conspicuous by the absence of any reasoning for the impugned modification let alone cogent or legally sustainable one---Appeal was allowed, impugned of the Tribunal was set-aside and penalty of dismissal from service imposed upon the respondent by the departmental authorities was affirmed and restored. Secretary, Government of Punjab and others v. Khalid Hussain Hamdani and 2 others 2013 SCMR 817 distinguished. Government of Pakistan v. Nawaz Ali Sheikh 2020 SCMR 656; Chief Postmaster Faisalabad v. Muhammad Afzal 2020 SCMR 1029; Government of the Punjab through Chief Secretary v. Muhammad Arshad and 2 others 2020 SCMR 1962 and District Police Officer v. Muhammad Hanif 2020 SCMR 1610 ref. (b) Service Tribunals Act (LXX of 1973)--- ----S.…

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