Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-------S. 4(b)(ii)---Appeal to Service Tribunal against penalty of censure---Dismissal of appeal by Tribunal for being non-maintainable in view of S. 4(b)(ii) of North-West Frontier Province Service Tribunals Act, 1974---Validity---Bar contained in S. 4(b)(ii) of Act, 1974 would not extend to other matters arising out of disciplinary departmental action against civil servant---Tribunal had no' jurisdiction to alter or modify quantum of sentence other than those mentioned in S. 4(b)(ii) of North-West Frontier Province Service Tribunals Act, 1974, but could examine guilt or otherwise of civil servant and other ancillary matters arising out of departmental inquiry including competency of authority to initiate action or any procedural flaw in inquiry ' proceedings---Such appeal was competent---Service Tribunal must have examined merits of case and determined as to whether findings of guilt of civil servant were sustainable---Supreme Court set aside impugned and remanded case to Service Tribunal for its decision on merits. Government of Balochistan v. Shabir Ahmed 1990 SCMR 1233 fol. Abdul Majeed v. Government of Pakistan 2006 SCMR 1415 ref. Atiq-ur-Rehman Qazi, Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate-on-Record for Appellant. Naveed Akhtar, Additional A.G.K.P.K. for Respondents. Date of hearing: 29th December, 2010. JUDGMENT NASIR-UL-MULK, J.---The appellant was serving as Deputy District Officer, Water Supply and Sanitation, Mardan, during the year 2004. Disciplinary action was taken against him on the allegation that on account of his negligence, the pipes of the value of Rs. 2,13,723 were found missing and as such he had caused loss to the exchequer of the said amount. Inquiry was, therefore, ordered. The Inquiry Officer found that the loss so shown was due to failure of the officer not to carry out the documentary formalities and to complete the same in time. That since the loss has also been made good, minor penalty of censure was recommended and eventually imposed upon him. The appellant assailed the departmental action and the punishment in appeal before the Service Tribunal.…

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