Law:

Section:

Service Tribunals Act (LXX of 1973)---S. 4---Constitution of Pakistan (1973), Art.212(3)---Financial loss, recovery of---Fraudulent withdrawal of G.P. Fund---Petitioners along with other Government officials were allegedly responsible for withdrawal of G.P. Fund fraudulently---Authorities held the petitioners liable to return the amount so withdrawn---Service Tribunal in appeal maintained the finding of the authorities---Plea raised by the petitioners before High Court was that they being not party to the fraud and cashier being the only person responsible to have caused loss to the State and being beneficiary of the withdrawal, recovery of specific amount from them could not be justified---Authorities contented that the penalties imposed by them were justified---Validity---Leave to appeal was granted by Supreme Court to further examine the entire case. ORDER MUNIR A. SHEIKH, J.--- By this judgment we propose to decide the titled civil petitions involving identical questions of law and facts. 2. The petitioners in Civil Petitions Nos.3526-L, 3540-L of 2002 and 3580-L of 2002 along with cashier were proceeded against regarding fraudulent withdrawal of certain G.P. Fund advances on the bills bearing their signatures. The Inquiry Officer was of the opinion that though negligence on the part of these petitioners in connection with withdrawal of G.P. Fund advance was proved but they were not party to the fraud for which cashier was responsible. The departmental authority imposed penalty of dismissal from service on Shahid Pervaiz, Ch. Abdul Razzaq and penalty of reduction in time scale by three stages on Muhammad Amjad Aleem petitioner in addition to that, penalty of recovery of specified amounts from them was also imposed. 3. Feeling aggrieved, these petitioners filed appeals before the Service Tribunal which have been decided through the impugned judgment, dated 12-9-2002: The penalties of dismissal from service imposed on Shahid Pervaiz and Ch. Abdul Razzaq petitioners have been modified in the manner that their order of dismissal from service was set aside and penalty of recovery of specified amount maintained by finding that they were not parties to the fraud…

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