ISLAMABAD: The Supreme Court said major penalty imposed upon a civil servant of reduction to a lower post or pay scale or to a lower stage in a pay scale is not akin to the board game of "Snakes and Ladders".
The judgment, authored by Justice Syed Mansoor Ali Shah, said: "It is not the scheme of the penalty under The Removal from Service (Special Powers) Ordinance, 2000 that a civil servant relegated to lower position start all over again in the new position and rise up the ranks as if to re-live his service life again."
This is not the purpose or the object of the major penalty. Such like penalties, by nature are time-bound, they are to punish an officer for the lapse committed and once the time is served, the officer under penalty can revert to his original position or status in service and stand restituted.
"A major penalty of reduction to lower position without specifying time not only defeats the object of the penalty but is also disproportionate with the lapse committed by the officer," said the judgment.
Mirza Aamer Hassan, inspector Income Tax Department, has approached the apex court against the verdict of Service Tribunal.
He was proceeded against departmentally under Ordinance on the allegations that there were persistent public complaints regarding harassment and corruption; inefficiency in the performance of his official duties inspite of repeated warnings; failure to achieve budgetary targets; failure to furnish Annual Declarations of Assets and Liabilities; was appointed for extraneous political grounds in violation of the relevant rules.
The competent authority vide order dated 26.05.2001 imposed major penalty of reduction to the lowest of the time-scale. The appellant filed a departmental appeal, which remained pending.
He therefore filed an appeal before the Service Tribunal in terms of Section 4 of the Service Tribunal Act, 1973, which was dismissed vide impugned judgment dated 27.05.2010.
Mirza Aamer challenged the Tribunal order in the Supreme Court to consider whether the major penalty of reversion to the lowest of the time-scale can be without any specified time.
Copyright Business Recorder, 2020
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