Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Service Tribunals Act, 1973

Section: 4

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 2(4),3

(a) Constitution of Pakistan (1973)--- ---Art. 212(3)---Leave to appeal was granted by Supreme Court to consider he contention that in the circumstances of the case the maintenance of the order of penalty on the Civil Servant was justified in law or not. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 2(4) & 3---Service Tribunals Act (LXX of 1973), S.4---Reduction to lower post for one year in basic pay scale---Misconduct, allegation of--­Acquittal from criminal charge---Civil servant was charged with the offence of abduction and kidnapping on the basis of a press report---During criminal trial, the prosecution failed to produce any evidence against the civil servant, resultantly, he was acquitted of the charge---Departmental proceedings were also initiated against the civil servant---Authorized officer did not find the civil servant guilty of the charges but recommended penalty of reduction to lower post in Basic Pay Scale-17 for a period of two years without any material and justification---Service Tribunal reduced the penalty to reduction to lower grade for one year---Service Tribunal did not record any express findings against the civil servant justifying the penalty---Reporter, publisher or editor of the newspaper were neither examined in the inquiry proceedings nor in the criminal case---Effect---Charges of abduction, kidnapping etc. ultimately culminated in honourable acquittal of the civil servant by competent Court of law in the criminal case---Non-examining of reporter, publisher or editor of the newspaper led to believe that the entire proceedings were initiated falsely with certain motive against the civil servant- --Judgment passed by Service Tribunal was set aside and the civil servant was reinstated in original grade in Basic Pay Scale-18 with all back benefits. JUDGMENT ABDUL HAMEED DOGAR, J.---This appeal, by leave of the Court, is directed against the judgment dated 13-2-2001 of the Federal Service Tribunal, Islamabad, passed in Appeal No.382(R)C.S/2000 whereby the appeal filed by the appellant was partly accepted and penalty of removal from service by the authority was modified to reduction to lower rank for a…

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