| Citation(s) |
|---|
| 2002 SLG 1201 2002 SLD 1201 2002 SCMR 584 |
Supreme Court of Pakistan
Civil Petition No.2182 of 2001, decision dated: 12-10-2001.(On appeal from the judgement dated 25-4-2001/28-4-2001 of Federal Service Tribunal, Islamabad, passed in Appeal No.243(P) C.S. of 2000)
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
M, Yawar Ali, Deputy Attorney General and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Muhammad Asghar Khan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondent
Civil Petition No.2182 of 2001, decision dated: 12-10-2001.(On appeal from the judgement dated 25-4-2001/28-4-2001 of Federal Service Tribunal, Islamabad, passed in Appeal No.243(P) C.S. of 2000)
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
M, Yawar Ali, Deputy Attorney General and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Muhammad Asghar Khan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for
Respondent
AUDITOR GENERAL OF PAKISTAN and another
VS
IKRAMULLAH KHAN
Law:
Section:
Government Servants (Efficiency and Discipline) Rules, 1973---RA(a)(ii) & (b)(ii)---Federal Treasury Rules, Vol. 1, 8.546---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement---Civil Servant was compulsorily retired from service on charge of inefficiency as he being Divisional Accounts Officer had failed to detect and point out irregularity in issuance and drawing of cheques without approval of Cheque Drawing Authority---Service Tribunal partially allowed appeal by reinstating civil servant modifying the penalty to the extent of withholding his promotion for 3 years ---Validity--Findings of Inquiry Officer, showed that several functionaries had failed to discharge their duties efficiently, whereas major responsibility devolved upon District Accounts Officer and his staff, but except the civil servant, no disciplinary action had been taken against any other' incumbent---During tenure of civil servant's service, it was the first charge of inefficiency, for which he was tot primarily responsible---Punishment should always be commensurate to the guilt proved---Case was not that of fraud, forgery or embezzlement, but on the contrary, it was that of inefficiency and that too of lower category emanating from the instinctive possibility of human error and definitely nor. prompted by any motive---Penalty imposed upon civil servant was definitely excessive, which had rightly been modified by Tribunal--Supreme Court refused to grant leave to appeal and dismissed the petition in circumstance. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---The petitioners herein have impugned the order/judgment, dated 25-4-2001/28-4-2001 of learned Federal Service Tribunal, Islamabad passed in Appeal No..243(P) C.S. of 2000, whereby respondent, Mr. Ikramullah Khan, Ex-Divisional Account Officer, Accountant general's Office, N.-W.F.P. Peshawar, was reinstated in service in terms of the impugned judgment. 2. The facts relevant for decision of this petition are that in the year 1996-97 the respondent was posted as Divisional Accounts Officer (BS-16) in Public Health Engineering, Fata Division, Hangu. He had 22 years service at his…
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