1991 PLP 1847 (SCMR)

MUHAMMAD AFZAL LONE, J: ‑‑This is a petition by the Federation of Pakistan seeking leave to appeal from the judgment dated 27‑11‑1990 passed by the Federal Service Tribunal, whereby the respondent's appeal against the orders of the departmental authorities was partly accepted.

2. The respondent joined service as a National Savings Officer in grade 11 and in due course of time he was promoted to grade 14 and then to grade

16. He was proceeded against under the Government Servants (Efficiency and Discipline) Rules, 1973, inter alia on the charges of misconduct etc; that he wilfully remained absent from duty avoided compliance with the transfer order and failed to resume work despite having been declared fit by the doctor to resume his duty. As a result of these disciplinary proceedings under order dated 6‑12‑1987, he was removed from service by the competent authority. He preferred a departmental appeal, which was partly allowed on 3‑1‑1989 and his removal from service was converted into reduction in rank from BPS‑16 to BPS‑14 post (Deputy National Savings Officer). During the pendency of this appeal, the respondent filed an appeal before the Federal Service Tribunal, which was amended and the order dated 3‑1‑1989 was brought under challenge. This appeal partly succeeded. The operative part of the Tribunal's judgment runs as under:‑‑ "The Inquiry Officer exonerated him of the charge at S.No.(i) and held him guilty of other charges. The charges, reproduced above, are by and large in respect of absence of the appellant from duty and some lapse on his part in taking over charge at the place of his new posting. It is on the record that he had remained on medical leave for some time during the intervening period. The lapse on his part did not, in the circumstances, call for a major penalty, particularly, in view of the fact that the appellant could not be reduced in rank to a post lower than that what he had entered the department. In our view, the punishment of withholding of increments for four years would be sufficient. We, accordingly, partly allow the appeal and modify the penalty of reduction in rank to that of withholding of annual increments for four years without cumulative effect."

3. Leave to appeal is sought primarily on the ground that the respondent was inducted into service in BPS‑11, and by way of penalty he was reduced in rank from National Savings Officer (BPS‑16) to Deputy National Savings Officer (BPS‑14), but the Tribunal wrongly laboured under the impression that he was reduced in rank to the post lower than one against which he initially entered into service. True enough, the view taken in this respect by the learned Tribunal is erroneous, but the tenor of the impugned judgment shows that the reason which influenced the Tribunal's decision was that for the lapse committed by the respondent, infliction of major penalty was not warranted. We feel that even if correct factual position was present to the mind of the learned Tribunal its decision would not have been different. Anyhow, this case does not involve any substantial question of law of public importance. The leave prayed for is, therefore, refused and the petition dismissed. AA./F‑217/S??????????????????????????????????????????????????????????????????????????????????????? Leave refused.