DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, GUJRANWALA vs MUHAMMAD ARIF BUTT Misappropriation of public money

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DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, GUJRANWALA VS MUHAMMAD ARIF BUTT Misappropriation of public money---Dismissal from service---Penalty of dismissal from service imposed upon respondent-postman by the departmental authorities was converted by the Service Tribunal into stoppage of two increments for a period of two years without future effect with reinstatement in service with all back benefits---Legality---Government servant who was found to have misappropriated public money, notwithstanding its amount, breached the trust and confidence reposed in a Government servant who was charged with the responsibility of handling public money---Misappropriation of the same, whether temporary or permanent and irrespective of the amount constituted dishonesty and misconduct---Such an/employee/individual had no place in Government service because he broke the trust and proved himself to be unworthy of the confidence that the State reposed in him---In the present case, despite recording a finding to the effect that the allegations of inefficiency and misconduct stood proved against the respondent, who in his defence had failed to contest or disprove the same, the Tribunal proceeded to take a lenient view in the matter---Such leniency by the Tribunal amounted to granting a premium to an employee who had admittedly and blatantly violated the laws and rules applicable to his service and had been proven guilty of misconduct and misappropriation---Further, the impugned judgment of the Tribunal was conspicuous by the absence of any reasoning for the impugned modification let alone cogent or legally sustainable one---Appeal was allowed, impugned judgment of the Tribunal was set-aside and penalty of dismissal from service imposed upon the respondent by the departmental authorities was affirmed and restored. Citation Name: 2021 PLC(CS) 955 SUPREME-COURTBookmark this Case DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, GUJRANWALA VS MUHAMMAD ARIF BUTT S. 5---Federal Service Tribunal ('the Tribunal')---Discretion to modify punishment awarded by departmental authorities---Scope---Although the Tribunal had the discretion to interfere in the questions of quantum of punishments, such discretion could neither be exercised arbitrarily nor were the powers of the Tribunal under S. 5 of the Service Tribunals Act, 1973 ('the 1973 Act') unqualified or unlimited---Where the penalties awarded by the competent departmental authorities after following due process of law were to be interfered with in exercise of the discretionary powers of the Tribunal under S. 5 of the 1973 Act, such discretion had to be exercised in a circumscribed, restricted and structured manner duly supported by the legally sustainable reasoning which justified the conclusions reached by it.

DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, GUJRANWALA vs MUHAMMAD ARIF BUTT Misappropriation of public money — 2021 PLC(CS) 955 SUPREME-COURT

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