Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 5---Constitution of Pakistan (1973), Art.212(3)---Modification of penalty---Jurisdiction of Service Tribunal---Plea raised by the authorities was that the Service Tribunal could not set aside the penalty of compulsory retirement awarded to civil servant---Validity---Leave to appeal was granted by Supreme Court to consider; whether major penalty of retirement could have been set aside which was imposed after completion of all mandatory formalities as envisaged under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 by the Service Tribunal without any lawful justification by ignoring the factual findings of departmental authority. Aziz Ahmed Chughtai, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate Supreme Court for Petitioners. Respondent in person. Date of hearing: 8th January, 2003. ORDER JAVED IQBAL, J.--- It is, inter alia contended that the penalty of compulsory retirement from service imposed upon respondent cannot be considered as harsh and learned Punjab Service Tribunal has transgressed its authority while modifying the major penalty without any rhyme and reason and directed the respondent to deposit an amount of Rs.81,570 from the total alleged misappropriated amount of Rs.4,07,850 without lawful justification. It is next contended that in fact no penalty whatsoever has been imposed and the respondent has…

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