Law:

Section:

(a) Civil service-------Inquiry---Finding recorded by Inquiry Officer---Authorised Officer has the discretion to agree or disagree with the findings and recommendations of Inquiry Officer---Authorised Officer having given cogent reasons in disagreeing with findings of Inquiry Officer, findings recorded by Authorised Officer could not be set aside on that ground---Punishments were thus rightly awarded by the competent Authority---Civil servants could not be exonerated of charges levelled against them. M. Ilyas Lodhi, Member, Contra. Saeeda Tasneem Ara v. Province of West Pakistan PLD 1967 Lah. 1112 ref. Rana Rifat Saeed, Member, Contra. (b) Service Tribunals Act (LXX of 1973)--- ----S. 3-A(2)(b)---Appeals referred to Chairman, Service Tribunal on account of difference of opinion of two Members of the Tribunal---Both the members accepted appeals on different grounds; while the Chairman dismissed all the appeals---Decision of the Service Tribunal would be in terms of the opinion of the Chairman in accordance with S.3-A(2), proviso (b), Service Tribunals Act, 1973. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN)---These four Appeals Nos.145, 146, 148 and 149(L)/92 relating to Ghotki Railway accident involving common questions of facts and law, were heard together and disposed of by single judgment by a Bench comprising Mr. M. Ilyas Lodhi and Mr. Rana Rifat Saeed, Members. Mr. Rana Rifat Saeed, Member initiated the judgment and allowed Appeals Nos.145, 146 and 148(L) of 1992 by observing that minor penalty of withholding of promotion for one year has since become infructuous, the respondent department shall refrain to take into account this penalty while considering their cases for moveover/promotions etc. As regards Appeal No.149(L) of 1992, the appellant therein was awarded penalty of withholding of promotion for three years, but after the expiry of about 8-1/2 months, he was given the acting charge of XEN/Divisional Engineer with effect from 27-10-1992. Mr. Rana Rifat Saeed, disposed of this appeal by holding that penalty in this appeal stood reduced by one year on the date of hearing i.e. on 11-2-1993 and there is no justification in further reducing the punishment,…

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