2004 PLP 74 (SCMR)

JAVED IQBAL, J.

Pursuant to disciplinary action initiated under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 for non-maintenance of cash-book properly concerning "Farogh-e- Taleem Funds" and tampering of a few vouchers, major penalty of reduction in pay by three stages lower in time scale was awarded. The respondent after exhausting the departmental remedies approached the Punjab Service Tribunal by way of appeal which has been accepted partly and the major penalty of reduction in pay scale by three stages is converted to that of minor penalty of withholding of three increments, hence this petition.

2. Miss Salma Malik, learned Assistant Advocate-General, Punjab appeared on behalf of the petitioner and has contended vehemently that the gravity of accusation was overlooked by the learned Service Tribunal and major penalty has been reduced to that of minor one without-any lawful justification. It is also contended that the charges of financial irregularities have been proved up to the hilt and thus no lenient view could have been taken by the learned Service Tribunal without any rhyme and reason which resulted in serious miscarriage of justice:

3. We have carefully examined the contentions as agitated on behalf of the parties in the light of relevant provisions of law and record of the case. We have carefully gone through the judgment impugned. After having gone through the entire record we are of the view that the charges of embezzlement arid wilful absence could not be proved by adducing cogent and concrete evidence. The financial irregularities are not grave in nature and probably due to this reason the authorized officer had recommended the major penalty of reduction in pay by one stage in the lower time scale but major penalty was awarded by the Authority by means of order dated 27-8-1999 and penalty of reduction in pay by three stages lower in time scale was awarded which could not have been done in view of the provisions as contained in rule 4(b)(i) of the Punjab I Civil Servants (Efficiency and Discipline) Rules, 1975 which provides reduction to "a" lower stage in time scale, meaning thereby reduction could be made to "one" lower stage and not beyond that. In such view of the matter the penalty imposed upon the respondent being unlawful has rightly been set aside by the learned Service Tribunal. The minor penalty of withholding of three increments pursuant to rule 4(a) (ii) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 would meet the ends of justice.

4. The conclusion as arrived at by the learned Service Tribunal being well-founded does not warrant any interference. Besides that no question of law of public importance is involved in the matter an the basis whereof leave could be granted. The petition being barred by time and merit less is dismissed and leave refused. S.A.K./S-306/S Leave refused.