Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 5--Granting of relief by Service Tribunal---Scope---Service Tribunal enjoys powers under S.5 of Service Tribunals Act, 1973, to modify any order but such power is to be exercised judiciously. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 5---Service Tribunals Act (LXX of 1973), Ss.4 & 5---Service Tribunal, jurisdiction of-Modifying of penalty---Scope---Civil servant was charged with absent without leave and he was dismissed from service but Service Tribunal converted the penalty into compulsory retirement---Validity---Courts/Tribunals seized with the matter were required to pass order strictly within parameters of the Constitution and law and rules---Service Tribunal did not have any jurisdiction to grant arbitrary relief in favour of any person---Observation of Service Tribunal which was incorporated in its in two lines was without any reason, law on subject, as well as under rules and the same was not sustainable---If Service Tribunal tad decided to modify the decision, then it could have referred previous record of civil servant to show indulgence---Past record of civil servant was mentioned in one of the grounds of charge sheet wherein it was mentioned that earlier also, three warnings/discipline violation letters were issued to the civil servant for unauthorized absence---Service Tribunal exceeded its authority in granting relief to civil servant thus of Service Tribunal was not sustainable in law---Supreme Court converted petition for leave to appeal into appeal and set aside passed by Service Tribunal---Appeal was allowed. Muhammad Aslam Uns, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Petitioners. Respondent in person. Date of hearing: 21st August, 2009. x (a) Service Tribunals Act (LXX of 1973)-------S. 5--Granting of relief by Service Tribunal---Scope---Service Tribunal enjoys powers under S.5 of Service Tribunals Act, 1973, to modify any order but such power is to be exercised judiciously. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 5---Service Tribunals Act (LXX of 1973), Ss.4 & 5---Service Tribunal,…

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