DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN vs NADEEM RAZA Misappropriation — 2023 PLC(CS) 1119 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 1119 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN vs NADEEM RAZA Misappropriation
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA Misappropriation--- Removal from service--- Duration of misappropriation and amount misappropriated nor relevant---Embezzlement or misappropriation constitutes misconduct and the duration of such embezzlement or misappropriation has little relevance---In the present case, the respondent admittedly misappropriated a sum of Rs. 1,24,305/- on account of electricity bills he collected from consumers before depositing the same in the Government exchequer after almost 23 days without any remorse---Tribunal approved the inquiry report which contains conceding statements on behalf of the respondent admitting that he had retained the said amount as he needed it because he was constructing a house, and therefore, did not deposit the same on time---Duration of this misappropriation, or the amount involved, is irrelevant as the act itself is sufficient to constitute misconduct---Tribunal has not given any reasons or explanation to examine the penalty imposed by the department on the touchstone of proportionality and with a stroke of a pen reduced the said penalty from "Removal from Service" to "reduction to three stages lower in pay scale for two years"---Such casual interference by the Tribunal in the penalty imposed by the department cannot be sustained---Even otherwise, in the facts and circumstances of the case, the penalty imposed by the department does not offend the law or the test of proportionality---Petition for leave to appeal was converted into an appeal and allowed, impugned judgment of the Tribunal was set-aside and order passed by the department awarding major penalty of "Removal from Service" was restored.

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2023 PLC(CS) 1119 SUPREME-COURTDIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA Misappropriation or embezzlement of public funds---Moral turpitude---Sc…
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2023 PLC(CS) 860 SUPREME-COURTAMANULLAH KHAN VS HOSPITAL DIRECTOR, KTH (MTI), PESHAWAR Upgradation of a post---Scope---In order to justify the upgradation, the Government…

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