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Petitioner: DIRECTOR-GENERAL, NATIONAL SAVINGS, ISLAMABAD VS Respondent: AZIZ-UR REHMAN
1998 P L C (C
1998 P L C (C.S.) 908
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah, C. J., Fazal Karim and Muhammad Munir Khan, JJ
DIRECTOR-GENERAL, NATIONAL SAVINGS, ISLAMABAD and another
versus
AZIZ-UR-REHMAN
Civil Petition for Leave to Appeal No. 262of 1995, decided on 1st November, 1995.
(On appeal from the judgment dated 21-3-1995 of the Federal Service Tribunal, Islamabad passed in Appeal No. 49(R) of 1995).
Government Servants (Efficiency and Discipline) Rules, 1973---
----R. 4---Constitution of Pakistan (1973), Art. 212(3)---Removal from service---Penalty of removal from service was modified by Service Tribunal to that of reduction of civil servant's substantive post for period of two years---Validity---Service Tribunal admittedly was competent to modify order of Departmental Authority---Question of reduction of punishment was within discretion of Service Tribunal---Petitioners (Departmental Authorities) could not point out that any factor relevant to exercise of Service Tribunal's discretion, which could weigh against civil servant was not taken into consideration---Even otherwise petitioners case did not seem to involve any substantial question of law of public importance within meaning of Art.212(3) of the Constitution---Leave to appeal was refused in circumstances.
Raja M. Bashir, Deputy Attorney-General instructed by Mehr Khan Malik, Advocate-on-Record for Petitioners.
M. Munir Peracha, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Respondent.
Date of hearing: 1st November, 1995.
JUDGMENT
FAZAL KARIM, J.---The respondent, Aziz-ur-Rehman, is U.D.C: Selection Grade-9 in the Regional Directorate of National Savings, Rawalpindi. He was proceeded against under the Efficiency and Discipline Rules, 1973 for unauthorised absence from duty, was found guilty and was awarded the penalty of removal from service by the departmental authority. He appealed before the Service Tribunal; there, he did not press his appeal on merits but prayed for leniency. The learned Members of the Tribunal referred to the fact that the respondent was a young man; that there had been no complaint against him and that he had been a well-behaved Clerk with clean record, and were inclined to take a lenient view and modified the punishment of removal from service "to that of reduction of his substantive post of U.D.C. (B-7) for a period of two years" with a direction that "the intervening period shall be treated as extraordinary leave without pay, and this order will be effective from the date of passing the original order viz. 28-8-1994".
2. The Director-General, National Savings, Islamabad and the Director, Regional Directorate of National Savings, Rawalpindi now seek leave to appeal against the Service Tribunal's order.
3. We have heard the learned Deputy Attorney-General in support of the petition. There is no question that the Service Tribunal was competent to modify the order of the departmental authority in the manner it did. The question whether the punishment should be reduced lay in the discretion of the Service Tribunal. It is not contended that any factor relevant to the exercise of the Tribunal's discretion, which may have weighed against the respondent was not taken into consideration. Otherwise too, the case does not seem to involve a substantial question of law of public importance within the meaning of Article 212, clause (3) of the Constitution.
4. Leave to appeal is refused and the petition is dismissed.
A.A./D-9/S ???????????????????????????????????????????????????????????????????????????????????????????????????? Leave refused.