PROVINCE OF PUNJAB through Special Secretary, Specialized Healthcare and Medical Education Department, Lahore

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PROVINCE OF PUNJAB through Special Secretary, Specialized Healthcare and Medical Education Department, Lahore VS KHADIM HUSSAIN ABBASI Ss. 4(1)(b)(iv) & 4(1)(b)(iii)---Punjab Service Tribunals Act (IX of 1974), S. 5(1)---Misconduct, absence from duty without leave and tampering of record---Major penalty of compulsory retirement from service imposed by departmental authorities---Tribunal converting major penalty of compulsory retirement from service into minor penalty of forfeiture of past service for a period of two years---Legality---Inquiry was conducted against the respondent in which he was found guilty of all charges---Only defence taken by the respondent before the Tribunal was that the punishment may be reduced from major penalty to a minor penalty---No effort whatsoever was made to deny or contest the charges against the respondent, which constituted admission of charges of a very serious nature---Tribunal for reasons best known to it choose to ignore such a vital and material aspect of the case and found there was absence of "tangible material" against the respondent---Tribunal did not bother to elaborate how the process against the respondent was "unfair" or "lacked transparency"----Although the respondent had been acquitted of the criminal charges, it did not have any bearing on the independent inquiry conducted by the Department and clear and categorical findings of the departmental authorities holding the respondent guilty of the charges levelled against him---In converting the major penalty of compulsory retirement from service into a minor penalty of forfeiture of past service for a period of two years, 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 the penalty of compulsory retirement from service imposed on the respondent by departmental authorities was restored.

PROVINCE OF PUNJAB through Special Secretary, Specialized Healthcare and Medical Education Department, Lahore vs KHADIM HUSSAIN ABBASI Ss — 2021 SCMR 1419 SUPREME-COURT

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