Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212 (3)

(a) Punjab Service Tribunals Act (IX of 1974)-------S.4---Constitution of Pakistan (1973), Art. 212 (3)---Enhancing of penalty---Jurisdiction of Supreme Court---Embezzlement of official stores---Allegation against civil servant was that he had stolen medicines from official store worth Rs.85,703.85---After departmental inquiry, penalty of recovery of value of stolen medicines was imposed upon the civil servant---Service Tribunal maintained the penalty imposed by the authorities--Validity---Supreme Court observed that it was astonishing that the authorities, while admitting the guilt of the civil servant, retained him in service so as to enable him to repeat his illegal activities in paying back the penalty---Even an ordinary person of normal prudence would not retain such-like person in service after he had been found implicated in theft---Common complaint of corruption and teeming millions were craving even for a tablet of Disprine while the medicines from Government hospitals and stores were being stolen and mis-used with impunity---Civil servant could not show any justification for the leniency shown by the departmental authority in awarding the punishment---Conduct displayed by the civil servant as custodian of public property was not such as to deserve sympathy---Supreme Court set aside the penalty imposed on the civil servant and directed the departmental authority to dismiss him from service---Leave to appeal was refused.(b) Crime and punishment--------Administration of justice---Awarding of punishment ---Object--�Concept of punishing an offender is to deter other mischief mongers from committing offences in order to bring harmony and peace in society---Courts of law while administering justice in offences relating to individuals take into consideration reformatory concept of punishment but in offences against society no sympathy can be shown to the wrong doer as the leniency shown sends a massage to the like minds that they can also get away if they are caught---Persons committing such offences should be snubbed at the very outset and be dealt with iron hand at the appropriate time otherwise such malady would plague the whole society.Muhammad Asghar…