Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4---Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement---Service Tribunal modifying and converting order of compulsory retirement into stoppage of two increments for period of two years from the date of order of Departmental Authority---Validity---Service Tribunal's jurisdiction---Extent---Scope for interference by Supreme Court in Service Tribunal's verdict---Service Tribunal is vested with powers to decide both questions of law and fact---Limitation on powers of Service Tribunal, while hearing appeal, was only to the extent that while interfering on question of fact, it was required to state its reasons in its order which should satisfy standard of reasonableness---Supreme Court, while hearing appeal arising from decision of Service Tribunal would only interfere if order passed by Tribunal lacked application of mind or suffered from arbitrariness---Reasoning given by Service Tribunal, however, showed full application of mind to facts of the case and same did not suffer from any legal infirmity so as to justify interference by Supreme Court under Art.212 of the Constitution---Leave to appeal was refused in circumstances. Water and Power Development Authority V. Zulfiqar Ali and others PLD 1988 SC 693; WAPDA, Lahore and 2 others v. Manzoor Ahmad Arif 1994 SCMR 1042 and Malik Muhammad Khan v. The State PLD 1987 SC 500 ref. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The petitioners are seeking leave to appeal against the judgment of Federal Service Tribunal, Islamabad, dated 18-6-1995 whereby the Tribunal accepted the service' appeal filed by the respondent and modified the order of his compulsory retirement passed by the departmental authority into stoppage of two increments for a period of 2 years from the date of the order of departmental authority dated 30-11-1994 without cumulative effect. In seeking leave to appeal, the learned counsel for the petitioners contended that the learned Tribunal was not justified in modifying the penalty of compulsory retirement of respondent from service as the departmental authority had found him guilty after holding thorough enquiry in accordance with the rules. It is…

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