Law:

Section:

Service Tribunal Act, 1973 (LXX of 1973)-- ----S. 3--Constitution of Pakistan, 1973, Arts. 185(3) & 212--Civil servant--Compulsory reitrement--Reduction to lower pay scale--Leave was granted to consider-- (i) Whether the Federal Services Tribunal has reduced the penalty in violation of S. 5 of the Services Tribunal Act, 1973; (ii) Whether the regular enquiry was essential in the matters imposing the major penalty of reduction in rank; and (iii) Whether the terms of conditions of service at the time of appointment could be varied, subsequently by the respondents to the disadvantages of the petitioner. [Pp. 688 & 689] A Constitution of Pakistan, 1973-- ----Arts. 185(3) & 212--Charge of embezzlement--Penalty of compulsory retirement--Penalty was converted--Validity--Accusation could not be substantiated by leading cogent and concrete evidence qua embezzlement--Disciplinary proceedings against civil servants--Initiated after a lapse of three years after joining new assignments--Mala fides--Charges of corruption and misappropriation could not be substantiated by producing worthy of credence evidence--Service Tribunal has rightly converted the compulsory retirement into reduction to lower pay scale--No question of law of public importance was involved--Appeal was dismissed. [Pp. 693, 693 & 694] B, C & D Service Tribunal Act, 1973 (LXX of 1973)-- ----S. 5--Constitution of Pakistan, 1973, Art. 212--Misappropriation and embezzlement--Charges of--Compulsory retirement from services--Penalty of--Penalty was reduced--Assailed--Legality--Lenient view was taken by Federal Service Tribunal and major penalty of compulsory retirement had been reduced to lower pay scale for three years--Held: No further indulgence is called for as misuse of authority and certain irregularities have been proved as is indicative from the findings of the Court--Appeal dismissed. [P. 694] E Judgment Javed Iqbal, J.--The above captioned petitions with leave to appeals are directed against the judgment dated 16.12.2003 whereby the appeal preferred on behalf of Ghulam Shabbir (respondent) has been accepted and major penalty of compulsory retirement from service by means of order…

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