Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Civil servant---Removal from service---Service Tribunal modifying punishment of removal of service to that of stoppage of five increments---Validity---No allegation of misappropriation were levelled against civil servant and no pecuniary loss was caused to Government by his conduct--­Conversion of punishment of civil servant from removal from service to that of stoppage of five increments by Service Tribunal was thus justified---Leave to appeal was refused in circumstances. ORDER SAEEDUZZAMAN SIDDIQUI, J.---The above petition for leave to appeal is filed on behalf of the General Manager, MAA., POF, Wah Cantt., seeking leave to appeal against the judgment of Federal Service Tribunal, Islamabad, dated 17-1-1993. Brief facts of the case are that the respondent while working as Godown Keeper in the office of GM/MAA, POF, Wah Cantt., was named by the accused persons who were arrested in a theft case. However, after enquiry, the respondent was exonerated of the charges as no discrepancy was found in the stock which was under the charge of the respondent. Subsequently on 3-11-1991, the respondent was served with charge-sheet in which it was alleged that he was keeping excess stock of T.C. Tips. ' The respondent replied the above charge on 4-5-1992 which was not found satisfactory and he was removed from service. The respondent submitted departmental appeal against his removal from service on 22-6-1992 which was rejected on 28-7-1992. He then filed an appeal before the Federal Service Tribunal, Islamabad. The appeal was Initially heard by 2 Members. One of the learned Members of the Tribunal, M. Ilyas Lodhi, came to the conclusion that there was no misappropriation of any Government store and the mere fact that certain stock was found in excess on checking, which too was done at the back of the…

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