Law:

Section:

Service Tribunals Act (LXX of 1973)--S. 3-A---Import of S.3-A, Services Tribunals Act, 1973---Benches of the Tribunal---Where the Chairman and the Member of the Service Tribunal differed and there was no third Member in the Bench, Chairman, in such circumstances, was not competent to overrule the findings recorded by the Member---Principles. The import of section 3-A, Service Tribunals Act, 1973 is that as a rule, the matter shall be decided according to the opinion of the majority. In the present case, the matter was heard by a Member and Chairman, who differed. Clause (c) of section 3-A(2) is attracted only if there are more than one Member and they are equally divided and the Chairman is also a Member of said Bench. In such eventuality, the opinion of the Chairman shall prevail and the decision of the Tribunal shall be expressed in terms of the opinion of the Chairman. In the present case, the Chairman and the Member differed and there was no third Member in the Bench. In such circumstances, the Chairman was not competent to overrule the findings recorded by the Member. The s of the Chairman and the Member were set aside and the matter was remanded to Chairman for constituting a fresh Bench, excluding himself and said Member, to hear the matter again for deciding the same on merits, as early as possible, preferably within four months from receipt of the Supreme Court order. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---The petitioners have impugned the judgment dated 3.5-2001 of learned Federal Service Tribunal, Islamabad, hereinafter referred to as "the Tribunal", whereby Appeal No.159(R) of 1999, preferred by respondent Aftab Ali Khan, was allowed and he was reinstated in service with all back benefits. 2. The facts relevant for decision of this petition are that the respondent was employed as a Meter Reader in the petitioner No. 1's company. He was charge-sheeted on 18-4-1998 for having recorded false, fake and fictitious readings of different consumers on different occasions. After completion of all legal formalities, he was dismissed from service on 26-10-1998. The matter was finally decided by the Tribunal by judgment, which has been impugned in this petition.…

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