Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--8. 4---Constitution of Pakistan (1973), Art. 212(3)---Removal from service---Penalty of removal from service was modified by Service Tribunal to that of reduction of civil servant's substantive post for period of two years--­Validity---Service Tribunal admittedly was competent to modified order of Departmental Authority---Question of reduction of punishment was within discretion of Service Tribunal---Petitioners (Departmental Authorities) could not point out that any factor relevant to exercise of Service Tribunal's discretion, which could weigh against civil servant was not taken into consideration---Even otherwise, petitioners' case did not seem to involve any substantial question of law of public importance within meaning of Art. 212(3) of the Constitution--­Leave to appeal was refused in circumstances. JUDGMENT FAZAL KARIM, J.---The respondent, Aziz-ur-Rehman, is U.D.C Selection Grade-9 in the Regional Directorate of National Savings, Rawalpindi He was proceeded against under the Efficiency and Discipline Rules, 1973 for unauthorised absence from duty, was found guilty and was awarded the penalty of removal from service by the departmental authority. He appealed before the Service Tribunal; there, he did not press his appeal on merits but prayed for leniency. The learned Members of the Tribunal referred to the fact that the respondent was a young man; that there had been no complaint against him and that he had been a well-behaved Clerk with clean record,…

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