Law:

Section:

Constitution of Pakistan (1973)- ----Art. 212(3)---Misconduct---Loss of store items---Major penalty of reduction to lowest post for period of three years and minor penalties of censure, withholding of next annual increment for period of three years and recovery of loss of store items was imposed upon civil servant by Departmental Authority­-Service Tribunal, however, modified order in question, so as to reduce penalties to that of stoppage of two increments for period of two years with cumulative effect---Validity---Petitioner contended that Service Tribunal having found that air-conditioner (item of store which was deemed to have been lost) purchased by, petitioner was installed in office and, therefore, only fault of petitioner was that he did not obtain written approval of officer under whose directions said air-conditioner was purchased and that it was not proved whether petitioner was directly responsible for shortage in store items and no valid basis for awarding any penalty to petitioner thus existed---Petitioner's further contention was that because of finding of Service Tribunal, petitioner was not allowed to cross-examine witnesses, thus, inquiry stood vitiated with the result that it could not form basis of any penal action against petitioner--­Leave to appeal was granted to consider contentions raised---Leave to appeal was also granted in connected appeal filed by Government against petitioner against reduction of his penalty by Service Tribunal. JUDGMENT ZIA MAHMOOD MIRZA, J: --The abovementioned two petitioners seek leave to appeal against the judgment of the Federal Service Tribunal dated 12-6-1994 whereby order of the departmental authority imposing on the petitioner Shahid ul Qayyum major penalty of reduction to…

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