The POSTMASTER GENERAL SINDH PROVINCE, KARACHI vs SYED FARHAN S — 2022 PLC(CS) 961 SUPREME-COURT

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The POSTMASTER GENERAL SINDH PROVINCE, KARACHI VS SYED FARHAN S. 5(1)---Service Tribunal, powers of---Scope---'Negligence' and 'gross negligence'---Distinction---Expression "negligence" connotes a dearth of attentiveness and alertness or disdain for duty---Genus of accountability and responsibility differentiates and augments an act of gross negligence to a high intensity rather than an act of ordinary negligence---To establish gross negligence, the act or omission must be of a worsened genre whereas ordinary negligence amounts to an act of inadvertence or failure of taking on the watchfulness and cautiousness which by and large a sensible and mindful person would bring into play under the peculiar set of circumstances---In unison, recklessness is a mental state or state of mind which is adjudged both subjectively and objectively---Gross negligence or recklessness in performing the designated or assigned duty are both flagrant acts of negligence and tantamount to misconduct which is of course subject to realizing and understanding the gravity and seriousness of the allegations of misconduct complained of---Sometimes a little or minor mistake or negligence or inefficiency may cause serious disaster or devastation and have severe ramifications---So, while declaring or weighing any act of negligence or inefficacy vis-Ã -vis the penalty imposed by the management, either major or minor, and before the conversion of the sentence, the Service Tribunal is bound to revisit the entire evidence available on record with the inquiry findings and report and, if conversion is required in the interest of justice, then it should be with due weightage, commensurate and proportionate to the gravity of charges and act of negligence/inefficiency and not on the basis of an uncontrolled or unbridled exercise of discretionary powers of the Tribunal without any raison d'Ãªtre.

The POSTMASTER GENERAL SINDH PROVINCE, KARACHI vs SYED FARHAN S — 2022 PLC(CS) 961 SUPREME-COURT

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