CHAIRMAN PAKISTAN ORDNANCE FACTORIES, POF BOARD, WAH CANTT. vs AKHTAR TANVEER R — 2025 SCMR 374 SUPREME-COURT

Case information

Citation: 2025 SCMR 374 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: CHAIRMAN PAKISTAN ORDNANCE FACTORIES, POF BOARD, WAH CANTT. vs AKHTAR TANVEER R
Subject matter: Criminal
Provisions referred to: S. 4---D; Service Tribunals Act (LXX of 1973)

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

CHAIRMAN PAKISTAN ORDNANCE FACTORIES, POF BOARD, WAH CANTT. VS AKHTAR TANVEER R. 4(b)(iii)---Service Tribunals Act (LXX of 1973), S. 4---Disciplinary proceedings---Quantum of sentence---Willful absence from service---Converting of major penalty---Jurisdiction of Service Tribunal---Authorities were aggrieved of converting of major penalty of removal from service into compulsory retirement---Validity---Civil servant was absent from duty and authorities laid out sufficient reasons to show why they did not want civil servant to continue with his service, considering that he willfully absented himself, did not obtain clearance before travelling, and started looking for jobs after travelling abroad, all of which the civil servant was unable to sufficiently rebut---Due process was observed and followed by authorities---Where absence from duty was admitted, there was no need to hold regular inquiry---Service Tribunal had no justifiable reason to reduce the punishment from major penalty of removal from service into compulsory retirement on the pretext that the punishment was harsh given that the civil servant had studied abroad and was an asset for Pakistan---Supreme Court set aside judgment passed by Service Tribunal as it exceeded its jurisdiction by arbitrary exercise of discretion which was illegal and without lawful authority and restored penalty imposed by authorities---Appeal was allowed.

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