Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-----R. 5(1)(iii)---Service Tribunals Act (LXX of 1973), Ss.4(1)(a) & 5---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to examine as to whether the Service Tribunal had condoned the delay of 4 years for justifiable reason and also to examine whether the Tribunal was justified to take the view that the absence of the civil servant from the office of petitioner for 5 years can be condoned when the department on having taken into consideration the facts found that he was absent from service for about 12 years out of which 7 years' absence was properly explained but there was no ground to justify the absence for another 5 years which finding of the department dated 10-9-1999 was upheld by the Appellate Authority when his departmental appeal was dismissed on 15-03-2000. Per Muhammad Nawaz Abbasi J, Ijaz-ul-Hassan Khan, J agreeing; Mian Hamid Farooq, contra, [Majority view]--- (b) Service Tribunals Act (LXX of 1973)--- ----Ss. 5 & 4---Constitution of Pakistan (1973), Art.212(3)---Power of Service Tribunal under S.5, Service Tribunals Act, 1973---Scope---Service Tribunal may confirm, set aside, vary or modify the order appealed against, in an appropriate manner---Only limitation on the power of Service Tribunal is to satisfy the test of reasonableness---Service Tribunal, in the present case, having considered the question of law and facts raised in the appeal formed an opinion that the extreme penalty of dismissal from service was not in consonance with the nature and gravity of charge of absence from duty without leave---However while exercising powers under S.5, Service Tribunals Act, 1973 it converted major penalty of dismissal from service into stoppage of two increments for a period of two years---Such exercise of power by the Service Tribunal would not suggest that discretion exercised by the Tribunal was beyond the scope of law---Department had not been able to satisfy that Tribunal had committed any wrong in exercising the jurisdiction on the basis of test of reasonableness or any settled principle of law on the subject, which might be treated a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492