Law:

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Government Servants (Efficiency and Discipline) Rules, 1973----R. 4(1)(b)(i)---Fundamental Rules, R.29---Constitution of Pakistan (1973), Art.212(3)---Supreme Court Rules, 1980, O.XIII, R.1---Reduction to five stages in time scale---Charges of casual and negligent attitude, procedural lapses and violation of instruction of Standing Order---Service Tribunal in appeal modified such penalty reducing same to two stages in time scale for two years---Validity---Petition for leave to appeal was barred by six (6) days---Penalty imposed by departmental authority upon civil servant did not specify length of time, thus, same was violative of Fundamental Rule 29---Penalty for indefinite period was not provided in law---Supreme Court upheld impugned and refused to grant leave to appeal. Auditor-General of Pakistan and others v. Muhammad Ali and others 2006 SCMR 60 ref. ORDER ABDUL HAMEED DOGAR, C.J.---Through this order, we intend to dispose of Civil Petitions Nos.332, 333, 334 and 335 of 2008 involving common question of law and fact against common judgment dated 12-12-2007 passed by learned Federal Service Tribunal, Lahore whereby Appeals Nos.223(L)(C.S.), 239(L)(C.S.), 240(L)(C.S.) and 241(L)(C.S.) filed by respondents were disposed of while modifying the penalty awarded to them. 2. Briefly stated, facts giving rise to the filing of these petitions are that respondents, namely, Muhammad Ashraf as Superintendent, Shahid Mahmood as Deputy Superintendent, Dilawar Hussain and Mushtaq Ahmed as Inspectors were working with the petitioners/department. On 13-4-2000, they were charge-sheeted separately with the following statement of allegations: Respondents, Mushtaq Ahmed and Dilawar Hussain, Inspectors "(1) You failed to detect the huge quantity of cotton jean cloth valuing Rs.91,49,866 which was cleared on 28-1-1999 from the Dryport in the garb of cotton/yarn waste vide bills of Entries Nos.623 and 624 both dated 27-12-1999 and No.610 dated 23-12-1999. (2) You were required under Standing Order No.1 of 1999 dated 1-4-1999 to examine the above referred consignments along with the other members of the examination team but you intentionally avoided this requirement in violation…

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