The Supreme Court of Pakistan has set aside a judgment of the Federal Service Tribunal (FST), Lahore Bench, in a service matter involving the Pakistan Post Office and remanded the case to the tribunal for fresh adjudication.
SC sets aside Federal Service Tribunal ruling in Pakistan Post Service case
ISLAMABAD, Jun 15 (APP): The Supreme Court of Pakistan has set aside a judgment of the Federal Service Tribunal (FST), Lahore Bench, in a service matter involving the Pakistan Post Office and remanded the case to the tribunal for fresh adjudication.
According to a detailed judgment approved for reporting, a two-member bench comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali issued the ruling after hearing a civil petition filed by the Director General, Pakistan Post Office, Islamabad. The case was heard on March 9.
The case concerned former Accounts Officer Muhammad Fayyaz, who was accused of involvement in the approval of fake loan slips, fictitious records and bogus loans during his service, allegedly causing losses worth millions of rupees to the national exchequer. Following a departmental inquiry, the charges were found to have been proved and he was dismissed from service.
Subsequently, the Federal Service Tribunal modified the penalty of dismissal and converted it into compulsory retirement. However, the Supreme Court held that the tribunal had failed to independently and properly assess the record and separate inquiry proceedings, and had unnecessarily drawn similarities with the case of a co-accused employee.
The judgment observed that the determination of punishment in departmental proceedings fell within the authority of the competent departmental forum, while a tribunal or court may interfere only where the penalty was unlawful or disproportionate. It further noted that adopting a lenient approach in cases involving financial misconduct and losses to the public exchequer could undermine institutional discipline.
The Court held that the tribunal altered the penalty without conducting a detailed examination of the charges, evidence and inquiry reports, rendering its decision legally unsustainable.
Consequently, the Supreme Court remanded the matter to the Federal Service Tribunal with directions to provide both parties a full opportunity of hearing and to decide the case afresh in accordance with law within three months.
