| Case ID |
38243b82-c7a7-470b-a6c2-779f2e27e921 |
| Body |
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| Case Number |
700 (L) of 1999 |
| Decision Date |
Jan 23, 2003 |
| Hearing Date |
Jan 23, 2003 |
| Decision |
The appeal by Muhammad Mehmood against his dismissal from the Utility Stores Corporation was accepted. The tribunal found that the dismissal was too harsh given the circumstances surrounding the charges of misappropriation and absence from duty. The tribunal noted that while the appellant admitted to selling 88 tins of ghee, he claimed to have acted under duress from political figures. Importantly, the tribunal found that no financial loss was incurred by the corporation as the price for the ghee was deposited. Therefore, the dismissal was converted to a reduction in the appellant's scale for three years with reinstatement in service. The decision emphasized the need for proportionality in punishment and recognized the mitigating factors surrounding the appellant's absence from duty. |
| Summary |
In the case of Muhammad Mehmood vs. General Manager, Utility Stores Corporation, the Federal Service Tribunal addressed the dismissal of Muhammad Mehmood from his position at the Utility Stores Corporation due to allegations of misappropriation and absence from duty. The tribunal found that the charges did not warrant such a severe penalty, especially considering that Mehmood had deposited the price of the allegedly misappropriated goods and had been compelled to sell them due to external pressures. The tribunal ruled that the dismissal was excessively harsh and converted it to a reduction in his position for three years, reinstating him to his job. This case highlights the importance of fair treatment in employment law and the need for penalties to be commensurate with the severity of the offense. It further underscores the significance of context in evaluating employee conduct. Overall, the ruling reflects a commitment to justice and equitable treatment in civil service matters. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Utility Stores Corporation
|
| Judges |
Imtiaz Ali Khan,
Moazzam Hayat
|
| Lawyers |
Mian Jaffar Hussain
|
| Petitioners |
Muhammad Mehmood
|
| Respondents |
General Manager, Utility Stores Corporation, Islamabad
|
| Citations |
2003 SLD 1142,
2003 PLC 1547
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act
|
| Sections |
14,
2-A
|