1990 PLP 875 (SCMR)

Kh. Muhammad Farooq, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 11th February, 1990. S. USMAN ALI SHAH, J.‑‑‑Leave to appeal has been sought by the petitioner against the order of the Federal Service Tribunal, Islamabad, dated 27‑3‑1989, whereby, appeal of the petitioner against the order of his removal from service by the WAPDA Department was dismissed. The petitioner was charge‑sheeted on 4‑7‑1984 alongwith two others for having received illegal gratification from the villagers of Chak No.248‑GB while preparing the estimates for new connections of the said Chak and his explanation was asked to reach within .14 days after the receipt of the charge‑sheet. He submitted his explanation on 22‑7‑1984, denying all the charges levelled against him. The competent authority being not satisfied with the reply of the petitioner held an enquiry and Mr. Shaukat Ali Butt S.D.O. was appointed as Enquiry Officer, who after recording the evidence .in presence of the petitioner, submitted his report in the following words:‑ "In the light of the above facts and circumstances the undersigned came to the conclusion that there is a part of accused in accepting illegal gratification." The petitioner was served a show‑cause notice on 16‑1‑1985 on the basis of this report, proposing therein to impose the penalty of dismissal from service under the WAPDA (E&D) Rules, 1978. On submission of the reply by the petitioner to the said show‑cause notice, the competent authority vide letter dated 17‑2‑1985, imposed penalty of reduction to the initial stage, forfeiture of dues of suspension period other than subsistence allowance and fixation of his seniority from the date of reduction in the time scale with immediate effect. His appeal before the Chairman WAPDA, was rejected on 17‑3‑1986. On 9‑6‑1987 after about 15 months from the order of the Chairman, the petitioner received another show‑cause notice, stating therein that the authority was of the view that the question of adequacy or otherwise of the punishment already imposed on the petitioner needs re‑examination for enhancement and ultimately, the petitioner received an order dated 1‑8‑1987, regarding‑his removal from service with immediate effect. The petitioner filed appeal before the Federal Service Tribunal against the said order which was dismissed vide impugned judgment dated 27‑3‑1989, hence this petition for leave. After hearing the learned counsel in support of this petition, in the light of the finding of Tribunal, we are satisfied that the point for consideration involved in this petition is, whether on account of rejection of departmental appeal against the penalty imposed on the petitioner, the same can be reviewed or enhanced against the petitioner. Leave to appeal is granted. Appeal may be made ready on the present record with permission to parties to file additional documents, if they want. AA./M‑1268/S Leave granted.