Law:

Section:

(a) Civil service--- ----Fraud and misappropriation of public money---In a case of proven fraud and misappropriation of public money, the delinquent cannot be exonerated---Embezzlement of public money cannot be treated as misconduct of a minor nature. (b) Civil service--- ----Fraud and misappropriation of public money---Long term of service is no ground for conversion of punishment of dismissal from service into compulsory retirement---If such type of leniency is shown in the heinous matters of misappropriation of public money or public funds, then it will amount to giving a license to all such civil servants to first join service, then serve at considerable length and commit crimes or misconduct at the verge of retirement without any fear of disciplinary proceedings, but with the confidence and assurance that the dismissal order from service will be converted into compulsory retirement by the competent authority or court by taking a lenient view. (c) Civil service--- ----Fraud and misappropriation of public money---Accused refunding the misappropriated amount---Not a mitigating factor to reduce quantum of punishment---Civil servant has no justification for claiming lenient treatment (in the matter of his punishment) merely for the reason that he refunded the misappropriated amount, which does not vitiate the gross misconduct of misappropriation, nor can this be treated as mitigating circumstance. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This civil petition for leave to appeal is directed against the judgment dated 20.05.2019, passed by the learned Federal Service Tribunal, Islamabad (Tribunal), in Appeal No. 2321(R)CS/2016, whereby the service appeal of the petitioner was dismissed. 2. In fact the petitioner was performing his duties as Postmaster in BPS-9 at Diwalian Post Office, Chakwal Division. He was served a show cause notice on 04.05.2016, wherein allegations of misappropriation in the sum of Rs. 17,43,591/- through bogus withdrawals after securing signatures of account holders were levelled against him. In the charge-sheet, the account numbers along with the names of account holders whose amounts were misappropriated are also mentioned. After the show cause…

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