Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-----R.4(1)(b)(iv)---Service Tribunals Act (LXX of 1973), S.4--¬Constitution of Pakistan (1973), Art. 212(3)---Penalty of reduction in rank enhanced later on to dismissal from service and recovery of alleged loss---Service Tribunal converted penalty of dismissal from service into reduction in rank and set aside penalty of recovery of alleged loss except amount already paid by civil servant---Service Tribunal found that civil servant was not alleged to be responsible for misappropriating material, but was charged to be negligent in ensuring safe custody of material and exercising proper control over his subordinates---Penalty of dismissal from service, thus, was harsh and did not commensurate with alleged misconduct---Civil servant had been treated discriminately on account of letting off other officials facing identical accusation---Show-cause notice proposing enhancement of penalty did not show any reason for enhancement nor such reason was given in the order of dismissal from service---Civil servant could not point out any illegality in of Service Tribunal refusing to him refund of amount already paid by him to make good loss suffered by the Department and in refusing payment of salary payable to him for period starting with date of his dismissal and ending with date of reinstatement---Supreme Court dismissed petition and refused leave to appeal. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This order shall dispose of Civil Petitions for Leave to Appeals Nos. 2290/L and 2296-L of 2001 as both of them question the same judgment of the Federal Service Tribunal, Lahore dated 10-5-2001. 2. One Maqbool Ahmad (petitioner in C.P. No.2290-L/2001 and respondent in C.P. No.2296-L/2001) while working as a Line Superintendent Grade-I .was accused of having failed to ensure safe custody of WAPDA material lying at different sites which had resulted in the theft of the said material valuing about ten lacs of rupees and he was further accused of having failed to exercise proper control over the activities of his subordinates: He was consequently charge-sheeted and as a result of the…

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