Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--S. 4---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted to examine whether without recording any reason Service Tribunal could on the facts of the case, come to a conclusion that the punishment awarded in the case was not commensurate with the amount of appellant's guilt and, thereafter proceed to reduce the punishment of reduction in rank for a period of three years to stoppage of one increment without future effect. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal before Service Tribunal---Punishment---Service Tribunal being a final Court of fact is under duty to examine thoroughly and finally the questions of fact involved and dispose them of by reasoned observations and conclusions---Tribunal failed to keep in view the gravity of charges against the appellant and made general observations which formed the basis of its order; proceeded on assumption that the charges even if believed correct showed some sort of negligence which presumption was wrong as these were not the acts of omission for which the appellant was charged rather the acts were of commission and admitting note by the Service Tribunal showed that there were substantial facts to be examined in the appeal and all such facts remained unexamined---Judgment given in the case by the Tribunal, in circumstance was a model of what a should not be ---Judgment of the Tribunal was set aside.---[Judgment]. Muhammad Ibrahim Khan v. Secretary, Ministry of Labour and others 1984 SCMR 1014 fol. JUDGMENT SHAFIUR RAHMAN, ACTG. CJ: --Leave to appeal was granted under Article 212(3) of the Constitution to examine whether without recording any reason the Service Tribunal could on the facts of the case come to a conclusion that "the punishment awarded in the this case was not commensurate with the amount of appellant's guilt" and thereafter proceed to reduce the punishment of reduction in rank for a period of three years to stoppage of one increment without future effect. 2. The respondent held the post of Executive Engineer when he was departmentally proceeded against on six charges. The first two charges were not proved in the inquiry…

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