Case Details

Citation(s)
1980 SLG 3111= 1980 SLD 3111 = 1980 PLC 266
Service Tribunal Punjab
Appeal No. 838 (R) of 1974, decided on 29th August, 1978.
Presented By:  Shah Abdur Rashid, Chairman and N. A. Choudhury, Member.
Habib-ul-Wahab Al-Kherie for Appellant. Syed Mohammad Shahudul Huque for
Respondents.

S. M. WAQI

VERSUS

FINANCIAL ADVISER, MINISTRY OF DEFENCE AND ANOTHER

Law:

Section:

(a) Fundamental Rules  Rr. 2 & 29 and Civil Service Regulations, para. 152-Penalty of reduction of pay in time scale---Period should be specified-- Provisions of F. R. 29 though not applicable to personnel paid from Defence Services Estimates yet principles thereof to be kept in mind particularly in view of para. 152 of C. S. Regulations which are applicable also to such personnel-Penalty of reduction by three stages in time scale imposed without specifying period' of such reduction-Reasonable interpretation of such order--Punishment effective for 3 years, i. e. equal to number of stages by which pay reduced--Order being silent regarding future increments, increments for 3 years period-should not be post poned-Original pay to be restored on expiry of three years-Dispute between subject and State over pecuniary issues-Interpretation favourable to subject to be made-Interpretation of order. (b) Civil service Departmental action-Appellate authority-Precluded from review and revision of his appellate order.                                                                                                                                      ORDER SHAH ABDUR RASHID (CHAIRMAN).-The appellant S. R.". Waqi, D. A. C. M. A. was admittedly a Government servant who was and is paid from Defence Service Estimates in the year of 1956 after passing the departmental examination he was promoted as Accountant with effect from 2nd March, 1956. While he was posted as SLA, SSD, Rawalpindi, some complaints were made against him which were investigated and it is alleged by the appellant that the charges against him were not established but on account of factions in the Department in the Department the matter was reopened and he served with the sheet and after inquiry penalty was inflicted on him. 2. The order of penalty has been placed on…
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