Law:

Section:

(a) Constitution of Pakistan (1973)--Art.212(3)---Enhancement of punishment by Service Tribunal ---Validity--­Leave to appeal was granted to examine whether Service Tribunal could, in appeal filed by affected civil servant against departmental punishment, enhance the punishment. Salahuddin Butt v. Punjab Service Tribunal and 3 others 1988 SCMR 497 rel. (b) Constitution of Pakistan (1973)--- ----Art.212(3)---Enhancement of punishment by Service Tribunal in appeal filed by affected civil servant---Validity---Enhancement of punishment, direct or indirect, was not within powers of Service Tribunal. Salahuddin Butt and others v. Punjab Service Tribunal and others PLD 1989 SC 597 rel. (c) Constitution of Pakistan (1973)--- ----Art.212(3)---Appeal---Matter on which leave to appeal had not been granted, could not be. permitted to be raised at the time of hearing of appeal. Director Food, Government , of the Punjab, Lahore and another v. Syed Abu Bakar Shah and another 1990 SCMR 1412 ref. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Service Tribunal could in appeal filed by the affected civil servant against departmental punishment enhance the punishment. At the stage of leave grant, a similar case Salahuddin Butt v. Punjab Service Tribunal and 3 others (1988 SCMR 497) was taken note of wherein leave to appeal had been granted to examine the same question of law. 2. The facts of the case show that the appellant was serving as a Food­grains Inspector, at P.R. Centre, Shergarh, District Okara. A shortage in wheat stock was discovered. A departmental enquiry was held wherein, he alongwith the Assistant Food Controller was found guilty of negligence and both were called upon to reimburse to the extent of loss in the ratio of 60 to 40 per cent. Both had appealed to the Tribunal. The Tribunal accepted the appeal of the Assistant Food Controller and cleared him of all…

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