Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 161

[Supreme Court of Pakistan]

Present: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ

Syed JAMSHED HUSSAIN, Ex-Assistant, Office of Director Public Relations, Bahawalpur Division Bahawalpur and others

Versus

CHIEF MINISTER PUNJAB, LAHORE and others

Civil Petitions Nos.3375-L, 3518-L and 3519-L of 2001, decided on 26th October, 2005.

(On Appeal from the judgment dated 28-8-2001 passed by the Punjab Service Tribunal, Lahore, in Appeal No.611 of 1998 etc.)

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---

----Rr. 3(c) & 4(1)(b)(i)---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.212(3)---Reduction to lower grade and recovery of loss---Corruption, charge of---Service Tribunal set aside penalty of reduction in rank---Validity---Service Tribunal as appellate authority had jurisdiction to modify sentence---Supreme Court would not interfere in the order of Tribunal in absence of any question of law of public importance---Petition for leave to appeal was dismissed in circumstances.

Aejaz Ahmad Ansari, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners (in C.P. No.3375/L of 2001).

Sh. Khalid Habib, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for Petitioners (in C.Ps. Nos.3518/L and 3519/L of 2001).

Nemo for Respondents.

ORDER

KARAMAT NAZIR BHANDARI, J.--- Civil Petition No.3375-L of 2001 is by a dismissed employee while the other two petitions are by the Punjab Province and all three are directed against one and the same judgment of the Punjab Service Tribunal, dated 28-8-2001.

2. Syed Jamshed Hussain petitioner, Muhammad Tufail and Muhammad Sarwar respondents were all employees in the office of the Directorate of Public Relations, Bahawalpur. The accounts of the office were audited for the years 1988-1995 which revealed serious irregularities. It was found that no proper record of receipts/deposits on account of advertisement charges was maintained and cash amount received from different departments on account of their advertisement charges were not deposited in the proper head of account in the Banks. These employees were receiving cash amount from different departments and putting this amount to their own use. The embezzlement ran into lac of rupees. In the inquiry proceedings conducted under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, the irregularities were established and it was found that these three employees along with others were responsible for the same. Syed Jamshed Hussain petitioner was awarded major penalty of dismissal from service and recovery of loss of Rs.4,79,060.84 plus Rs.7,84,832, Muhammad Sarwar, respondent was awarded the penalty of reduction to lower grade and recovery of loss of Rs.98,311. Muhammad Tufail, respondent was also awarded major penalty of reduction to lower grade and recovery of loss of Rs. 1,24,919.50.

3. Against these penalties the employees. filed revisions and since these were not decided within time the employees challenged the same by filing appeals in the Punjab Service Tribunal which were heard and decided together.

4. After hearing both the learned counsel we are satisfied that no substantial question of law of public importance is involved in these cases. Mr. Aejaz Ahmad Ansari, Advocate Supreme Court learned counsel for Syed Jamshed Hussain however contended that petitioner should not have been directed to pay the amount already recovered or directed to be recovered from the other co-accused. He stated that he would be satisfied if the recovering authority is directed to give benefit to this petitioner for the amount recovered from the other guilty co-accused. Civil Petition No.3375-L of 2001 filed by Syed Jamshed Hussain, is therefore, dismissed with the direction to the recovering/competent authority to grant benefit of the, amount if any already recovered from the other guilty employees.

5. In two petitions brought by the Government the prayer made in that the order of the Tribunal annulling the penalty of reduction in rank be set aside and the departmental order be restored. The Tribunal as appellate authority enjoys the jurisdiction to modify the sentence and in the absence of any question of law of public importance it would not be proper for us to interfere in the order of the Tribunal. These two Petitions Nos.3518-L and No.3519-L of 2001 are also dismissed.

S.A.K./J-2/SC Petition dismissed.

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