Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)---Negligence in discharge of duty Punishment of reversion in rank awarded to the civil servant by the Competent Authority was converted into stoppage of two increments for three years by Service Tribunal---Contention of the Authorities was that there was no discrimination nor any malice involved as ail the civil servants were proceeded against and punished and as such reduction in the penalty was based on non-existing ground---Leave to appeal was granted by Supreme Court to consider the contention of the Authorities. Pakistan Railways through General Manager v. Ghulam Rasul 1997 SCMR 1581 ref. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4 & 5---Negligence and carelessness---Loss to Government property---Civil servant did not comply with the instructions regarding transportation of cash and instead of using vehicle and armed escort had sent cash amount of Rs.503,500 on foot, to be deposited in Bank---On the way to Bank the subordinate of the civil servant was intercepted by unknown culprits who snatched the cash on gun-point---Cash was required to be carried in official vehicle and in case of non-availability of official vehicle, the alternate arrangement was to be made to the satisfaction of the Regional Director/Officer Incharge---Authorities failed to show that despite availability of armed escort and official vehicle, the civil servant allowed his subordinates to take the cash to Bank on foot in violation of Government instructions---Reason of non-observance of the instructions by the civil servant as incharge of a Savings Centre was due to the non-provision of adequate security arrangements by the Department for movement of cash from one place to another place under the instructions---Authorities imposed punishment of reversion in rank to the civil servant whereas, the Service Tribunal allowed the appeal and converted the punishment into stoppage of two increments---Validity---Department was also at fault in sharing the negligence of the civil servant which caused loss to the Government--­Discrtion exercised by the Service Tribunal was not questionable and the punishment…

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