POSTMASTER GENERAL, KARACHI vs ARSHAD ALI S — 2022 SCMR 1796 SUPREME-COURT

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POSTMASTER GENERAL, KARACHI VS ARSHAD ALI S. 3--- Post Office Manual, Vol. VI, Chapt. 8, R. 403--- Head Postmaster (Incharge)--- Fraud in Savings Bank Accounts---Misconduct, inefficiency, connivance, abetment of fraud---Dismissal from service---Respondent (Head Postmaster) was bound to perform his duties in accordance with his job description but he was found to be reckless and incompetent---Argument that misappropriation of huge amount of public money from savings accounts was not in the knowledge of respondent was nothing but a figment of imagination and also beyond reasonable comprehension---In contrast, it was a deceptive and dishonest plea in, which in fact aggravated the degree of negligence, inefficiency and incompetence and proved that the respondent was not capable or qualified to hold any responsible post as he failed to sense any act of embezzlement and misappropriation of public money in the post office under his command, which could not have happened had the respondent performed his duties diligently and kept a vigilant eye on the books of account with periodic exercise of reconciliation for prompt checking and reporting in case any mishap or misappropriation of public funds was detected in the accounts---Being the Postmaster, he was responsible for overseeing all aspects of the post office including the management of staff and the services or products offered by the post office---Corruption of substantial sums of public money could not be taken so lightly and that was why the respondent was dismissed by the management, but the Service Tribunal without any just cause took the lenient view whereas the respondent did not deserve any compassion or sympathy---Appeal was allowed, judgment of Service Tribunal was set-aside with the consequence that respondent was dismissed from service. Head NotesCase Description Citation Name: 2022 SCMR 1796 SUPREME-COURTBookmark this Case POSTMASTER GENERAL, KARACHI VS ARSHAD ALI Concurrent disciplinary and criminal proceedings---Scope and purpose--- Purpose of initiating disciplinary proceedings is to ascertain whether the charges of misconduct against the delinquent are proved or not, whereas prosecution under the penal statutes is altogether different where the prosecution has to prove the guilt of accused beyond any reasonable doubt---Purpose of criminal trial is to mete out punishment for the offences committed by the accused while departmental inquiry is started off for making inquiry into the allegations of misconduct in order to maintain and uphold discipline and decorum in the institution and efficiency of the department to strengthen and preserve public confidence. Head NotesCase Description Citation Name: 2022 SCMR 1796 SUPREME-COURTBookmark this Case POSTMASTER GENERAL, KARACHI VS ARSHAD ALI Concurrent disciplinary and criminal proceedings---Acquittal in criminal proceedings--- Effect--- Civil servant cannot escape departmental proceedings or consequences thereof on account of his acquittal/exoneration on a criminal charge---While facing expulsive proceedings on departmental side on account of his indictment on criminal charge, he may not save his job in the event of acquittal as the department may still have reasons to conscionably consider his stay in the service as inexpedient---Department can assess the suitability of a civil servant, confronted with a charge through a fact finding method, which is somewhat inquisitorial in nature, but without the heavier procedural riders otherwise required in criminal jurisdiction to eliminate any potential risk of error. Head NotesCase Description Citation Name: 2022 SCMR 1796 SUPREME-COURTBookmark this Case POSTMASTER GENERAL, KARACHI VS ARSHAD ALI S. 5---Negligence or inefficiency---Service Tribunal---Evaluation of evidence---Scope---Sometimes little negligence or inefficiency may cause serious disaster and stern end results, therefore, at the time of appraising any act of misconduct contrasted with the penalty imposed by the management/department, the Service Tribunal is obligated to re-evaluate the evidence all-inclusive and then the inquiry findings with recommendations. Head NotesCase Description

POSTMASTER GENERAL, KARACHI vs ARSHAD ALI S — 2022 SCMR 1796 SUPREME-COURT

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