Law:

Section:

Constitution or Pakistan (1973)-------Art.212(3)---Misappropriation of funds---Penalty of dismissal---Leave to appeal was granted to consider the contention that Service Tribunal, while dealing with the case against another civil servant on a similar charge and on similar evidence, giving him the benefit of doubt, converted his penalty of dismissal, into compulsory retirement; that petitioner civil servant was entitled to the same treatment; and that Service Tribunal had not passed consistent orders in respect of similar matter. Muhammad Arif Siddiqui v. Government of Pakistan 1988 SCMR 673 and Abdur Rehman Babar v. N.-W.F.P. through the Chief Secretary, Government of N.-W.F.P. 1989 SCMR 928 rel. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioner was served with a charge-sheet on 3-10-1988 alleging that a sum of Rs.53,104.93 had been found short in cash during the petitioner's tenure as Cashier in Pakistan Ordnance Factory. An inquiry was conducted 'and it was held that the amount had been misappropriated during the petitioner's tenure. The petitioner was called upon to deposit the said amount. The petitioner submitted a reply to the charge-sheet. The petitioner was served with another notice, dated 31-10-1984 that on further investigation it had been revealed that a sum of Rs.1,34,075.58 had been found short in cash. The petitioner submitted his explanation. The Enquiry Officer held the petitioner guilty of the charge. The petitioner was dismissed from service. He preferred a departmental appeal but without any result. He then filed an appeal before the Federal Service Tribunal which was dismissed on 17-11-1985. 2. It has been contended by…

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