Law:

Section:

Constitution of Pakistan (1973) --- Art.212(3) Dismissal from service and recovery of amount ¬Respondent civil servant was charge sheeted for shortage of amount in treasury and inquiry was conducted, but in inquiry report respondent was not clearly implicated in all defalcations Despite that petitioner¬ Authority after considering all material available on record dismissed respondent from service and also passed order for recovery of the amount Service Tribunal through its order modified penalty and converted penalty of dismissal from service into compulsory retirement and order recovering amount was set aside Petitioner Authority had filed petition for leave to appeal against of Service Tribunal ¬During course of inquiry respondent was not found fully responsible for shortage of amount and he was simply found negligent, in performing his duties and whole blame for alleged defalcation. prima facie, lay upon other persons No question of law of general public importance as contemplated under Art. 212(3) of Constitution of Pakistan (1973) being involved in the case petition for leave to appeal was dismissed. ORDER TANVIR AHMED KHAN, J. Leave to appeal is sought against the judgment dated 21 3 2002 whereby the Federal Service Tribunal, Camp at Karachi (hereinafter referred to as the Tribunal), partly accepted the appeal of the respondent by converting his penalty, of dismissal from service into compulsory retirement. The recovery of Rs.6,92,969.66 against him was also set aside. The facts briefly narrated for the disposal of this petition are that the respondent was earlier charge sheeted on 28 12 1996 for the shortage of Rs.6,92,969.66 in the Treasury. However, this charge sheet was subsequently quashed due to the change of statutory rules vide letter dated 7 11 1998. He was again charge sheeted on 12 11 1998. He submitted his reply and dented all the charges. An enquiry was conducted and a reading of the enquiry report demonstrates that he was not clearly implied in all the defalcations. The competent authority after considering al the material available on record through an order dated 20 7 2000 dismissed the respondent from service and also passed an order for…

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