Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--Rr.6(2) & 6(3)--Constitution of Pakistan (1973), Art.212(3) --Leave to appeal-­All the grounds had been adequately dealt with by the Service Tribunal--No question of law arose which required further examination--Leave to appeal refused. Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 9th August, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, a serving Tehsildar in the Revenue Department of the Government of Punjab seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Service Tribunal dated 7-12-1982. The petitioner was proceeded departmentally for certain financial irregularities noticed in the recovery of arrears of land revenue and the preparation of statement of accounts relating thereto. Not only the petitioner but others in the hierarchy were also proceeded against. At first the punishment of reversion to the next lower job of Naib Tehsildar was ordered but the Full Board altered it to the punishment of stoppage of annual increment. The Tribunal re-examined the case of the appellant and gave him no relief. Hence this petition. Ch. Mushtaq Masood, Advocate, the learned counsel for the petitioner contended that the case of the petitioner was in no way different from that of Muhammad Masood Shaukat, similarly charged and similarly punished, but given relief by the Tribunal. On merits it is contended that no fault could be found and he was punished without fault. Another defect, the clerical one, pointed out is that the Commissioner as the authorised officer, invoked Rule 6(2) of the Efficiency & Discipline Rules and proceeded to exercise powers under Rule 6(3) which could not be justified on the facts of the case. So far as the merits of the case is concerned, the Tribunal observed as follows:- "While taking the case of Mumtaz Ahmad Chaudhry we do not find any justification to interfere with the punishment so awarded to him as he has failed to give any cogent reason in his defence and we also do not find extenuating circumstances in his favour so as to…

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