GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Civil Secretariat, Peshawar vs Dr

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GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Civil Secretariat, Peshawar VS Dr. LIAQAT ALI S. 7(1)--- Power of Tribunal to modify punishment imposed by the competent departmental authority---Scope---Provincial Service Tribunal reducing penalty of removal from service imposed by competent authority into that of compulsory retirement with retirement benefits considering 24 years' of service put in by the respondent---Legality---Imposition of penalty was in the domain of the competent authority, for that, the competent authority was fully empowered to impose such penalty upon its employee on finding him guilty of commission of misconduct as it considered appropriate and normally the Court did not interfere in such exercise of power by the competent authority---Conversion of penalty imposed by the competent authority would require a strong justifiable reasons beyond what was stated by the Tribunal in the impugned judgment---Court was not empowered to arbitrarily and whimsically find the penalty imposed by the competent authority to be harsh merely, on the ground that the respondent had put in 24 years' of service and was entitled to grant of retirement benefits---Quantum of punishment had to be left with the competent authority and the Court cannot without any strong reason interfere with the same---Interference in the matter of punishment would be without jurisdiction when strong reasons were not assigned to support the same---Tribunal was not justified in reducing the penalty imposed by the competent authority of removal from service on the respondent into compulsory retirement, as the same was not supportable in law---Consequently, while allowing the appeal, the impugned judgment to the extent of modifying the penalty of removal from service into compulsory retirement was set aside and the penalty of removal from service was restored.

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Civil Secretariat, Peshawar vs Dr — 2023 PLC(CS) 794 SUPREME-COURT

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