1994 S C M R 245

[Supreme Court of Pakistan]

Present: Saad Saood Jan, Ajmal Mian and Saeeduzzaman Siddiqui, JJ
SENIOR POSTMASTER, G.P.O., KHUSHAB and another---Petitioners
versus
JAVED MUHAMMAD IQBAL---Respondent
C.P.L.A. No. 236 of 1993, decided on 19th October, 1993.
(From the judgment/order of Federal Service Tribunal, Islamabad, dated 7-1-1993 in Appeal No.
193(R) of 1992).
Constitution of Pakistan (1973)---
----Art. 212(3)---Petition for leave to appeal---Punishment imposed upon civil servant was
reduction to a lower stage and recovery of loss of specified amount---Service Tribunal modifying
such punishment to reversion to lower post for a period of one year plus whatever amount had
been recovered from civil servant till date of hearing---Validity---Service Tribunal having itself
come to conclusion that penalty upon civil servant had been imposed by an incompetent
authority, it erred in only modifying the punishment imposed upon civil servant---Leave to
appeal was granted to examine such question.
Syed Asghar Hussain Sabzwari, Advocate Supreme Court with Ch. Akhtar Ali,
Advocate-on-Record for Petitioners.
Nemo for Respondent.,
Date of hearing: 19th October, 1993.
ORDER
SAAD SAOOD JAN, J.---The respondent was an officiating Assistant Postmaster in Grade-9.
During an audit of his office it was found that an amount of Rs.13,51,600 had been
misappropriated. Departmental proceedings were started against him and he was. served with a
charge-sheet. After a regular inquiry the following punishments were imposed upon him:
(1) reduction to a lower stage by five steps in time-scale of Grade-7; and
(2) recovery of loss in the sum of Rs.3,92,000 through deductions from his pay.
He filed a departmental appeal but it was not decided. He then preferred an appeal before the
Federal Service Tribunal. The learned Tribunal partly accepted the appeal in the following terms:
"Under the aforementioned facts, we find that punishment imposed on the appellant was not fully
justified and we partially accept the appeal, set aside the impugned order of punishment and
modify it to the punishment of reduction/reversion to a lower post in time scale of B-7 for a
period of one year (plus whatever amount has been recovered from him till the date of hearing)
and direct the Department to stop any future recovery."
Being aggrieved by the order of the learned Tribunal Postal Department seeks leave to appeal
from this Court.
2. In support of this petition it is contended that according to the findings of the learned Tribunal
itself that the penalty upon respondent had been imposed by an incompetent authority. In this
context, reference has been made to the following extract from the judgment of the learned
Tribunal:
"The learned counsel and the representative of the respondent Department had mentioned that
since the appellant had been holding the substantive post of B-7 and not B-9, Senior Postmaster,
Khushab was competent to take disciplinary proceedings and impose punishment on him. But
from the punishments awarded and appellant's reduction to B-7 indicated that initially he was
holding B-9. As such the contention of the learned counsel for the appellant was . correct and
accordingly the competent authority to take disciplinary proceedings and award punishment was
Deputy/Asstt. Director General (Admn.) and not the Senior Postmaster."
It is stated that in view of this position the learned Tribunal erred in only modifying the
punishment imposed upon the respondent.
3. The contention raised in support of this petition needs examination. Leave to appeal is granted.
AA./S-779/S Leave granted.