The POSTMASTER GENERAL SINDH PROVINCE, KARACHI vs SYED FARHAN Post Office Manual, Vol

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The POSTMASTER GENERAL SINDH PROVINCE, KARACHI VS SYED FARHAN Post Office Manual, Vol. IV, Appendix No. 27---Junior Accountant, General Post Office (GPO)---Negligence and inefficiency in supervising subordinate official found guilty of committing fraud---Major penalty of removal from service converted into minor penalty of withholding of promotion for a period of three years---In the present case, the respondent was found guilty of failing to perform his acute and crucial responsibility of checking and supervision---Respondent was not found directly guilty of misappropriation or embezzlement of pension fund for his own benefit, on the contrary, the main accused was convicted by the Court and also repaid the misappropriated amount to the department---In cases where public money and its embezzlement is involved or at stake, the responsible persons cannot be let free or exonerated with low degree of minor penalty---Quantum of punishment should be proportionate and complementary to the charge of misconduct even for the minor act of negligence and inefficiency committed by the delinquent in his duties so that the punishment even in the minor category should be of such kind which may create at least some deterrence for the delinquent and other employees to be more vigilant and attentive to their duties in future rather than performing the tasks with callous attitude---Respondent had failed to perform and fulfill his duties in accordance with the job description of Junior Accountant as prescribed in Post Office Manual, Volume IV, Appendix No. 27---Service Tribunal itself found the respondent inefficient in performing his duties as required under the Rules and further held that, had he performed his duties as prescribed under the Rules, the alleged offence of misappropriation of government money could have easily been anticipated---In such circumstances conversion of sentence of removal of service by the Tribunal into penalty of withholding of promotion for a period of one year only was neither sufficient nor justified---Civil petition for leave to appeal was converted into appeal and allowed, and penalty of withholding of promotion for a period of one year was modified and converted into penalty of withholding of promotion for a period of three years without accumulative effect.

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

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