Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: XII,5

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)-------S. 5---Judicial officer---Service appeal---Allegation of corruption and ill-repute--Recording of adverse remarks---Penalty of removal from service---Long service---Mitigating circumstances---Quantum of punishment---Principle of proportionality--Conversion of penalty---P.W. 4 during his examination-in-chief stated that appellant did not receive even a penny and during his cross-examination he denied his signature on the complaint and disowned its contents---P.W.5 during his crossexamination stated that he had not personally paid any illegal gratification to the appellant and could not identify the official, who allegedly demanded the illegal gratification---Charge of receiving illegal gratification had not been proved against the appellant, however, allegations of corruption and ill-repute remained on record--Owing to mitigating circumstances and analyzing different factors the penalty of removal from service was converted into compulsory retirement---Courts have consistently emphasized the importance of considering the employee's length of service, the nature of the offence and the context surrounding the misconduct---A fair and just approach to disciplinary actions is essential in maintaining morale and ensuring that penalties are proportionate to the offences committed---Penalty of removal from service was not proportionate to the gravity of the misconduct proved against the appellant, thus, the same was converted into compulsory retirement--Appeal was partly allowed, in circumstances.Akhtar Ali v. Director-General, Pakistan Post Office and others 2009 SCMR 1197; Farhad Ali v. Director General, Pakistan Post Office and others 2011 SCMR 608; State of Orissa and others v. Ram Chandra Das AIR 1996 SC 2436 or 1996 (5) SCC 331; Sukhdeo v. The Commissioner Amravati Division 1996 SCC (L&S) 1141 or 1996 (5) SCC 103 and S. Ramachandra Raju v. State of Orissa AIR 1995 SC 111 or 1994 (3) SCC(SUPP) 156 rel.Date of hearing: 17th January, 2025.JUDGMENTMUHAMMAD SAJID MEHMOOD SETHI, CHAIRMAN.---Through instant appeal, notification dated 06.05.2013 and letter/ order dated 27.07.2013, passed by the…