Case Details

Citation(s)
1995 SLG 1468 1995 SLD 1468 1995 PLC 759
Federal Service Tribunal, Islamabad
Appeal No. 437(R) of 1994, decided on 14th December, 1994.
MUHAMMAD ILYAS LODHI, MUHAMMAD ISMAIL AND NOOR MUHAMMAD MAGSI, MEMBERS

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AGNATIUS PAUL

VS

Law:

Section:

Civil services---- ---Penalty---Reduction to lower post---Civil servant initially was appointed in BS-7 as Accounts Clerk, but when few posts of Accounts Assistant fell vacant against direct quota, civil servant applied for the same and was duly selected and appointed in B-11---Civil servant was subsequently promoted to Selection Grade B-15---Civil servant was found guilty of misappropriation of amount and on basis of such offence which civil servant had himself confessed major penalty of reduction to a lower post from Accounts Assistant B-15 to initial post of Accounts Clerk in B-7 was imposed on him for three years---Civil servant who initially was appointed in B-7, had applied direct for post of Accounts Assistant in B-11 and accordingly was selected in that grade--­Authorities could not produce any document showing that civil servant was promoted to B-11 from B-7, civil servant's substantive post, therefore, would be B-11 and not B-7---Nobody Could be reverted to a lower grade which he never occupied as reversions were always me from higher rank to substantive rank only---Punishment of civil servant was varied to the effect that his reversion was converted to his substantive Grade B-11 which he was enjoying before his promotion to B-15---Civil servant, in circumstances, would be deemed to have been reverted from B-15 to B-11 instead of B-7. 1986 PLC (C.S.) 872 and 1985 PLC (C.S.) 548 ref. Shah Abdur Rashid for Appellant. Sardar M. Farooq Abbasi for Respondents. Date of hearing: 8th December, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---The appellant Agnatius Paul. Ex-Divisional Accountant, WAPDA has come in appeal against the impugned order dated 29-3-1994 whereby a major penalty of reduction to all lower post i.e. from Divisional Accountant (E/C) to Accounts Clerk for three years without cumulative effect, was imposed upon him. He made a departmental appeal on 18-5-1994 to the Member (Power), WAPDA, WAPDA House, Lahore which was rejected on 28-8-1994 and communicated to the appellant on 3-9-1994. He then approached the Tribunal with the present appeal under section 4 of the Service Tribunals Act, 1973 on 29-9-1994 with the prayer that "this T4on'bie…
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