| Citation(s) |
|---|
| 2003 SLG 702 2003 SLD 702 2003 SCMR 1744 |
Supreme Court of Pakistan
Civil Petition No.2667 of 2001, decision dated: 7-10-2002. (On appeal from the judgment of Federal Service Tribunal, Islamabad passed in Appeal No.35-R CS/2001 dated 31-7-2001)
MIAN MUHAMMAD AJMAL, MUHAMMAD NAWAZ ABBASI AND KARAMAT NAZIR BHANDARI, JJ
Ch. Sadiq Muhammad Warraich, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondent
Civil Petition No.2667 of 2001, decision dated: 7-10-2002. (On appeal from the judgment of Federal Service Tribunal, Islamabad passed in Appeal No.35-R CS/2001 dated 31-7-2001)
MIAN MUHAMMAD AJMAL, MUHAMMAD NAWAZ ABBASI AND KARAMAT NAZIR BHANDARI, JJ
Ch. Sadiq Muhammad Warraich, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondent
MUHAMMAD AYUB
VS
PAKISTAN RAILWAYS and others
Law:
Section:
Pakistan Railways Personal Manual--- ---- Paras. 1724 & 1725---Constitution of Pakistan (1973), Art. 212(3)--Dismissal from service---Suo motu powers of Divisional Superintendent, Pakistan Railways-- Scope---Civil servant was proceeded against under Government Servants (Efficiency and Discipline) Rules, 1975, and punishment of compulsory retirement from service was awarded to him---Divisional Superintendent, Pakistan Railways without assigning any reason interfered with the order passed by the Competent Authority and imposed penalty of dismissal from service---Service Tribunal maintained the penalty and the appeal was dismissed---Validity--Divisional Superintendent, Pakistan Railways in exercise of suo mote powers under paras. 1724 & 1725 of Pakistan Railways Personal Manual, could revise the order passed by Competent Authority after giving show-cause notice to the civil servant---Such discretionary power in the matter of quantum of sentence must not be used arbitrarily and enhancement of sentence by Reviewing Authority without reasons would render the order illegal---Discretion exercised by Divisional Superintendent, Pakistan Railways in the matter of quantum of punishment was without any justification and the punishment awarded to the civil servant by the Competent Authority would sufficiently meet the ends of justice---Petition for leave to appeal was converted into appeal and judgment passed by the Service Tribunal was set' aside--Appeal was allowed. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. ---This petition under Article 212 (3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred seeking leave to appeal against the judgment dated 31-7-2001 assed by Federal Service Tribunal Islamabad, in a service appeal. 2. The -Petitioner, a carpenter of CDL Workshop Pakistan Railways, Rawalpindi, was proceeded against under Government Servants (E D) Rules, 1973 for the following charges- "(a) You produced fake school leaving certificate at the time of your appointment as "Muawan" in the year 1976 showing your date of birth as 15-9-1952. (b) You were also convicted by the Court of law in case F.I.R. No. 1102 dated 7-1-1955. You were awarded a…
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