Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 212(3),4 & 25---Civil service---Leave to appeal was granted by Supreme Court to consider the contention of civil servants that on one hand departmental authorities had held them guilty of charges while on the other hand District Food Controller, filed claim regarding shortage of wheat with Railway Authorities---Civil servants also contended that Service Tribunal could not dismiss their appeals without taking into consideration the point of discrimination as well as action of departmental authorities, which was in violation of Arts.4 and 25 of the Constitution---Civil servants further contended that Service Tribunal could not dismiss appeals without adhering to the point that dispute related to year, 1985, whereas departmental proceedings against them were initiated in year, 1995, at a very belated stage i.e. after a span of ten years. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 4(1)(b)---Dismissal from service---Misconduct---Presumptive liability---Quantum of punishment---On the allegation of shortage of wheat, civil servants were awarded major penalty of dismissal from service and order for recovery of the value of wheat from them was made---Order passed by departmental authorities was maintained by Service Tribunal---Plea raised by civil servants was that they were awarded major penalty of dismissal from service on the basis of presumptive liability---Validity---Shortage of huge quantity of wheat was not shown by civil servants in the record of Pakistan Railway Centre which was subsequently detected in the process of physical check up and consequently the sole question requiring determination would be whether it was a case of en route shortage of wheat or shortage happened at the centre after delivery of consignment---In absence of any evidence that shortage of huge quantity of wheat was the result of short delivery of consignment or wastage due to wreckage in transit, a legitimate presumption would be raised that shortage was caused at Pakistan Railways Centre, therefore, it could not be treated as a case of short delivery---No exception could be taken by Service Tribunal to…

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