DEPUTY POSTMASTER GENERAL, CENTRAL PUNJAB, LAHORE vs HABIB AHMED S — 2021 PLC(CS) 531 SUPREME-COURT

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DEPUTY POSTMASTER GENERAL, CENTRAL PUNJAB, LAHORE VS HABIB AHMED S. 5(1)---Federal Service Tribunal, powers of---Structured exercise of jurisdiction---Scope---Although the Tribunal had the discretion to interfere in questions of quantum of punishment, such discretion could neither be arbitrarily exercised nor were powers of the Tribunal unqualified or unlimited---Where the Tribunal exercised its discretion to interfere in the penalty awarded by the competent authorities, such discretion had to be exercised in a circumscribed, restricted and structured manner duly supported by legally sustainable reasoning. Citation Name: 2021 PLC(CS) 531 SUPREME-COURTBookmark this Case DEPUTY POSTMASTER GENERAL, CENTRAL PUNJAB, LAHORE VS HABIB AHMED R. 4(1)(b)(iv)---Service Tribunals Act (LXX of 1973), S. 5 (1)---Misappropriation of public money, breach of trust, inefficiency and misconduct--- Dismissal from service--- Leniency in award of punishment by the Service Tribunal when charge stood proved/ admitted---Propriety---Respondent-employee had confessed/ admitted the commission of offence of misappropriation, misconduct and breach of trust which attracted the major penalty of dismissal from service which was rightly awarded by the department considering that the respondent being in a position of trust had blatantly, repeatedly and intentionally committed breach of trust and misappropriated public funds that had been entrusted to him---However, having not found any error or defect in the proceedings conducted by the department including the inquiry as well as the admission/confession of the respondent and having concluded that the charge of misappropriation stood established, the Service Tribunal opted to interfere with the penalty by taking a lenient view and converting the same into compulsory retirement---In doing so, the Tribunal lost sight of principles laid down by the Supreme Court in various judgments spelling out the parameters for exercise of jurisdiction under S.5 of the Service Tribunals Act, 1973---Tribunal had not only exceeded its jurisdiction but exercised the same in a manner which was in violation of the settled principles of law on the subject---Further, in converting the major penalty of dismissal from service into compulsory retirement, the Tribunal had failed to assign any cogent, legally sustainable and valid reasons to support its finding---Appeal was allowed, impugned judgment of Tribunal was set-aside and penalty of dismissal from service imposed by the departmental authorities was restored.

DEPUTY POSTMASTER GENERAL, CENTRAL PUNJAB, LAHORE vs HABIB AHMED S — 2021 PLC(CS) 531 SUPREME-COURT

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