Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973---R.4(b)(iv)---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Leave to appeal was granted by Supreme Court to consider; whether in the circumstances of the case, shorter procedure could be resorted to for awarding major penalty and whether the circumstances of the case justified awarding of major penalty. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R.4---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Civil servant was working in Customs Department and was found guilty of misappropriation of Government property---Show-cause notice was issued to the- civil servant and after departmental inquiry, the Authorities dismissed the civil servant from service---Departmental appeal as well as appeal before Service Tribunal were dismissed---Validity---No illegality or irregularity had been committed by the Tribunal while disposing of the appeal----No question of public importance was involved in the case justifying grant of leave---Justification of the penalty of dismissal was for the Service Tribunal to determine considering circumstances of case and necessity of meeting the ends of justice which had been overlooked by the Tribunal--­Supreme Court observed that the penalty of dismissal from service appeared to be somewhat harsh and accordingly the same was modified to that of removal from service---Appeal was dismissed accordingly. The Secretary, Government of the Punjab, through Secretary, Health Department, Lahore and others v. Riazul Haq 1997 PLC (C.S.) 873 and Ali Muhammad v, Commissioner Afghan Refugees, N.-W.F.P., and another 1995 S C M R 1675 ref JUDGMENT JAVED IQBAL, J-----This appeal, with leave of the Court, is directed against the judgment dated 8-12-1997 whereby the learned Federal Service Tribunal, Islamabad, has dismissed the appeal preferred on behalf of appellant assailing the order dated 27-2-1996 whereby he was dismissed from service. 2. In order to appreciate the legal and factual aspects of the controversy, the leave granting order dated 17-6-1998 is reproduced hereinbelow for ready reference:-- "Leave is sought…

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