Law:

Section:

(a) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978R. 5Service Tribunals Act (LXX of 1973), S. 5Constitution of Pakistan (1973), Art. 212(3)Employee of Water and Power Development AuthorityMajor penalty of reduction in rank for two years was awarded to such employee on charge of conniving with a factory owner for stealing electricity and using official vehicle without authorisationDepartmental Appellate Authority reducing such penalty to stoppage of five annual increments for five years and treating his suspension period as extraordinary period without payCivil servant, did not contest his case on merits before Service Tribunal but requested that penalty imposed upon him be reduced­Service Tribunal reduced penalty of five annual increments to two annual increments without cumulative effectValidityPetitioner's (Authority's) grievance was that though delinquent civil servant did not contest merits of the case, the mitigation in punishment had been ordered by Service. Tribunal without attending, to mentioning or taking note of the gravity of delinquency attributed to himQuestion of law of public importance had, thus, arisen that where the merits of fault found were not disputed and fault was of dishonesty in employer's property by employee, whether mitigation of the sort inferred by. Tribunal could at all be inferredLeave to appeal was granted to consider the above question. (b) Service Tribunals Act (LXX of 1973) S. 5Constitution of Pakistan (1973), Art. 212(3)PenaltyReduction of penalty by Service TribunalValidityQuantum of punishment to be given to a civil servant had to be determined on basis of circumstances of each case by Service Tribunal/Court/Authority to meet ends of justice­Service Tribunal took lenient view on account of civil servant making clean breast of things by not contesting case on merits which Service Tribunal was competent to doReasons were given by Service Tribunal in support of lesser punishmentService Tribunal in terms of S. 5, Service Tribunals Act, 1973 had powers to confirm, set aside, vary or modify punishment or decision given in a particular casePetitioner (Authority) could not…

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