1994 PLP 949 (SCMR)

SAEEDUZZAMAN SIDDIQUI, J.‑‑‑The above petition for leave to appeal is filed on behalf of the General Manager, MAA., POF, Wah Cantt., seeking leave to appeal against the judgment of Federal Service Tribunal, Islamabad, dated 17‑1‑1993. Brief facts of the case are that the respondent while working as Godown Keeper in the office of GM/MAA, POF, Wah Cantt., was named by the accused persons who were arrested in a theft case. However, after enquiry, the respondent was exonerated of the charges as no discrepancy was found in the stock which was under the charge of the respondent. Subsequently on 3‑11‑1991, the respondent was served with charge‑sheet in which it was alleged that he was keeping excess stock of T.C. Tips. ' The respondent replied the above charge on 4‑5‑1992 which was not found satisfactory and he was removed from service. The respondent submitted departmental appeal against his removal from service on 22‑6‑1992 which was rejected on 28‑7‑1992. He then filed an appeal before the Federal Service Tribunal, Islamabad. The appeal was Initially heard by 2 Members. One of the learned Members of the Tribunal, M. Ilyas Lodhi, came to the conclusion that there was no misappropriation of any Government store and the mere fact that certain stock was found in excess on checking, which too was done at the back of the petitioner, the punishment of removal from service was not justified in the circumstances of the case and accordingly, the learned Member converted the penalty of removal from service into stoppage of five increments with cumulative effect. The other learned Member of the Bench, Rana Rifat Saeed, however, while agreeing with the Member M. Ilyas Lodhi, that the punishment of removal from service was harsh, recommended the punishment of compulsory retirement from service. In view of the difference of opinion between 2 learned Members of the Tribunal, the matter was referred to the learned Chairman of the Service Tribunal who agreed with the view of M. Ilyas Lodhi, Member, and accordingly the punishment of removal from service was modified to that of stoppage of five increments of the respondent. We have heard the learned counsel for petitioner, General Manager, M. A. A. P. O. F., Wah Cantt. as well as the respondent. We have been informed by the respondent that no appeal has been filed by the respondent against the judgment of Federal Service Tribunal, referred to above. We have considered the matter and are of the view that as there was no allegation of misappropriation of store by the respondent and in fact no pecuniary loss wasp, caused to the Government, the conversion of the punishment of respondent from removal from service to that of stoppage of five increments was justified. No point of law of public importance is involved in the case. Petition is accordingly, dismissed and leave to appeal is refused. AA./G‑425/S Leave refused.