Law: Service Tribunals Act, 1973

Section: 4,5

Service Tribunals Act (LXX of 1973)---Ss. 4 & 5---Dismissal from service---Bogus academic certificates---Service Tribunal, decision of---Principle---Civil servants produced bogus academic certificates at the time of their selection, therefore, they Were dismissed from service---Service Tribunal partially allowed appeals filed by civil servants and converted dismissal from service into compulsory retirement with pensionary benefits---Validity---Had the Service Tribunal gone through documents placed before Inquiry Officer, there could have no occasion to show any leniency in favour of civil servants---Service Tribunal might have recommended department for further criminal action against such persons so that it might serve deterrence for likeminded persons in future---Instead of doing so, civil servants, who were found guilty of gross misconduct and fraud, had been benefited by converting penalty of dismissal from service into compulsory retirement only for the reason that they had served department for about 27 years---Such reasons prevailed upon Service Tribunal were not acceptable in any context---Supreme Court converted petition for leave to appeal into appeal and set aside passed by Service Tribunal---Supreme Court recommended authorities to examine possibility of getting registered criminal case against civil servants so that in future no one should dare to commit such misconduct in government departments---Appeal was allowed. Postmaster-General, AJK v. Muhammad Zorab 1996 SCMR 280 rel. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Listed petitions have been filed against the judgments dated 26-12-2008 passed by Federal Service Tribunal, .Islamabad, therefore, we propose to decide them by this common judgment. 2. Facts giving rise to these petitions, in short, are that petitioners Anwar Ali and Muhammad Ishaq being in the service as Accounts Assistants of Hyderabad Electric Supply Company opted for the post of Divisional Accountant (Emergency Cadre) in pursuance of letter dated 30th January, 2003. It is significant to note that qualification prescribed under this letter was B.Com. (2nd Div.) with five years experience of accounting. Both of them submitted…

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