' JAVED IQBAL, J.--- It is, inter alia contended that the penalty of compulsory retirement from service imposed upon respondent cannot be considered as harsh and learned Punjab Service Tribunal has transgressed its authority while modifying the major penalty without any rhyme and reason and directed the respondent to deposit an amount of R s . 81,570 from the total alleged misappropriated amount of Rs,4, 07,850 without lawful justification. It is next contended that in fact no penalty whatsoever has been imposed and the respondent has been set free by the learned Punjab Service Tribunal which could not have been done in view of severe accusation.
2. Respondent is present in person and has supported the judgment impugned and contended that the verdict given by the Punjab Service Tribunal is strictly in accordance with law as no offence whatsoever has been committed by him and the amount in question has already been deposited.
It is further submitted that joining report has been submitted but order of the Punjab Service Tribunal is yet to be implemented.
3. After having heard the learned counsel for the petitioner and respondent in person we are inclined to grant leave to consider the question as to whether the major penalty of retirement could have been set aside imposed after completion of all the mandatory formalities as envisaged under the Punjab (Efficiency and Discipline) Rules, 1975 by the Punjab Service Tribunal without any lawful justification by ignoring the factual findings of departmental authority.
' The operation of impugned judgment shall remain suspended till disposal of this appeal which may be fixed at some early date being a service matter.