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Civil Petition for Leave to Appeal No. 317/R of 1984, decided on 14th December, 1985.

(Against the judgment, dated 2‑10‑1984 of the Federal Service Tribunal, Islamabad, in Appeals Nos. 318(L) of 1983 and 315(R) of 1984).

‑‑‑Art. 212(3)‑‑Service Tribunals Act (LXX of 1973), S.4(1)‑ Jurisdiction‑‑West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(A‑1)‑‑Removal from service‑‑Order set aside by Service Tribunal‑‑Leave to appeal‑‑Plea raised that Tribunal could not interfere with order of dismissal/ removal by substituting itself for employer‑‑Held: Order passed under S. 17(1‑A) of Act (XXXI of 1958) are appeal-able before Service Tribunal.

‑‑‑Art. 212(3)‑‑Leave to appeal‑‑Grant of‑‑Question of fact‑‑On question of fact, finding of Service Tribunal is not open to question in appeal under Art. 212(3)‑‑Leave refused.

Islamic Republic of Pakistan v. Dr. Safdar Mahmood P L D 1983 S C 100 rel.

Case C.A. No. 101 of 1979 WAPDA and another v.. Muhammad Arshad Qureshi etc. 1986 S C M R 18 ref.

M. Sadiq Abbasi, Advocate Supreme Court and Khan Imtiaz M. Khan, Advocate‑on‑Record for Petitioner.

Bashir Ahmad Ansari, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record (absent) for Respondent.

Date of hearing: 14th December, 1985.

The Water and Power Development Authority seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Service Tribunal, dated 2‑10‑1984 whereby the order of removal passed under section 17(1‑A) of the WAPDA Act (hereinafter referred to as the Act) was set aside.

The respondent was posted as Budget and Accounts Officer in Hyderabad Region where widespread irregularities and losses were detected. An Inquiry Committee examined these and it appeared that the respondent was involved in the following manner:‑

"(i) He failed to exercise proper control over financial matters of Hyderabad Region.

(ii) He failed to exercise his functions of pre‑auditing as an Accountant /Primary Auditor and carried o4, his job in a perfunctory manner.

(iii) He made payment of bills on small MBs instead of stock MBs contrary to the instructions of the Authority.

(iv) He entertained bills on fake certificates of ear. allocation from the funds.

(v) He passed the bills of T&P without inspection, of M.I. & S Department."

The Tribunal examined all these allegations came to the conclusion which is expressed as follows:‑

"In the above circumstances, we are of the opine that although there may be some sort of negligence on the part V the appellant, which has not been successfully explained before us. it was not a fit case for taking the drastic action under, action 17(1‑A) against an officer who has a brilliant record and all officers under whom he served, had held high opinion of him."

On these findings, the Service Tribunal set aside the order of removal and reinstated him into service with consequent benefits.

The learned counsel for the petitioner contended that the Inquiry report established very tangible and concrete instances of irregularities of the respondent and this could form the material for taking action under section 17(1‑A) of the Act. According to the learned counsel, the Tribunal has committed an error of law in interfering with such an order and had substituted itself for the employer which it could not do.

We have already held (C.A. No. 101 of 1979 WAPDA and another, v. Muhammad Arshad Qureshi etc. 1986 S C M R 18) that even orders passed under section 17(1‑A) are appeal-able before the Service Tribunal. We have also held in Islamic Republic of Pakistan v. Dr. y8fdar Mahmood P L D 1983 S C 100 that on question of fact the finding of the Service Tribunal is not open to question in appeal under Article 212(3). The Tribunal having examined the case of the respondent to the material that was produced before it has recorded a finding or fact and we think that no such question of law of public importance irises as may require further consideration in this Court. Hence leave to appeal is refused.

M. I. Petition dismissed.

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