Law:

Section:

Constitution of Pakistan (1973)---Art. 212(3)---Dismissal from service---Charge of corruption against civil servant having been proved as a result of enquiry, he was dismissed from service and order of recovery of specified amount was also passed against him---Civil servant, after exhausting departmental remedy, filed appeal before the Service Tribunal which was accepted and while maintaining the punishment of recovery of specified amount from the civil servant modified the penalty of dismissal from service to withholding of promotion for a period of 3 years after a person junior to him had been promoted---Appeal of the civil servant was accepted by the Tribunal with the observations that the matter was the first instance of corruption by the civil servant and amount involved was less than rupees two lacs---Validity---Leave to appeal was granted by the Supreme Court to examine the contention of the Department, inter alia, that mere fact that it was the first instance of corruption indulged in by the civil servant in his service career, was no justification in law for awarding minor penalty and that appeal before the Service Tribunal filed by the civil servant was time-barred and no application for condonation of delay was preferred. ORDER IRSHAD HASAN KHAN, C.J.---This petition is directed against the judgment dated 16-4-2001 passed by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No.477(L)CS/2000. 2. The brief facts are that the respondent was employed as Assistant Engineer, Pakistan Railways Headquarters at Lahore and was promoted as Executive Engineer on 6-7-1987. Departmental enquiry was initiated against him on the following charge: "Repair to track between Multan City-Piran Ghaib was carried out during 1993-94 and the accepted rate of the contract provided for uncompacted earthwork. As provided in the Specifications for execution of wofks/1,967 Railways Composite Schedule of Rates, 1990 and Special Conditions of the said contract, measurement of the fill in resultant embankment was to be converted to solid measurement by multiplying it with a factor of 90% i.e. 10 % shrinkage allowance was to be deducted from…

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