2004 PLP (C (PLC(CS))

MUNIR A. SHEIKH, J.

This petition is directed against judgment dated 12-5-2001 of the Punjab Service Tribunal (hereinafter referred to as the Tribunal) whereby order of removal of the petitioner from service passed by the departmental authority has been upheld on the ground that out of 7 charges only charge No. 1 had been proved.

2. Charge No. l reads as under: "That you wilfully absented yourself without leave from place of duty i.e. Narowal on 10th and 11th March, 1999. Your services were placed at the disposal of Commissioner Gujranwala Division, Gujranwala vide order No.EA/1455/C, dated 11-3 1999 but you had failed to report to the office of the Commissioner, Gujranwala Division till the date of you: suspension i.e. 12-4-1999."

3. The authority imposed major penalty of removal from service on the petitioner on considering that all the seven charges had been proved which were of serious nature.

4. The Tribunal, however, came to the conclusion in the impugned judgment that only charge No.1 out of seven charges had been proved but proceeded to maintain the major penalty of removal from service imposed by the authority without applying its judicial mind as to whether in the circumstances of the case i.e. that only Charge No. l had been proved, the said penalty commensurate with the nature of the charge in the light of the attending circumstances of, the case as it was argued that the order of transfer of the petitioner in the departmental appeal was withdrawn, therefore, Charge No.1 that the petitioner did not report for duty after transfer order was made, should have been considered in the light thereof., Learned counsel also submitted that there was only charge of two days absence which had been explained that the petitioner was asked to perform other duties which had not been considered while maintaining the major penalty of removal from service.

5. The argument has considerable force. The appeal before the Tribunal being first appeal, therefore, before upholding the order of the departmental authority it should have gone into all the aspects of, the case inclusive of the question of quantum of penalty by F application of judicial mind to the facts of the case which exercise had not been undertaken in this case particularly when only Charge No.1 was held to have been proved for which reason this exercise had become necessary.

6. For the foregoing reasons, this petition is converted into appeal, the same is partly accepted in that the part of the impugned judgment of the Tribunal of upholding the major penalty of removal from service imposed by the departmental authority is hereby set aside and the case is remanded for limited purpose bf deciding that in view of the findings that only Charge No. l had been proved, major penalty of removal from service of the departmental authority was legally justified in the fact anti circumstances of this case. No order as to costs. S.A.K./Z-145/S Case remanded.