' HAMID Ali MIRZA, J.--- These civil petitions for leave to appeal are directed against judgment, dated 3-8-2004 in Appeals Nos.294(K)C.S. Of 2002 (filed by Syed Muzammil Hussain), 295(K)CS of 2002 (filed by Abdul Malik) and No,296(K)CS of 2002 (filed by Syed Qamar Abbas), passed by the Federal Service Tribunal, at Islamabad, whereby the said appeals were partly allowed and the impugned orders were set aside and the respondents were reinstated in service, whereby major penalty of removal from service was modified and converted into minor penalty of stoppage of three increments for three years without cumulative effect and the intervening period was treated as leave of the kind due.
2. Brief facts of the case are that the respondents are said to be employees of the petitioners- Department and during period -of their posting at the said branch, they while posted as cashier and clerks respectively in the said branch made certain cuttings/over-writings and alterations in the record and also withdrew certain amount from the Government treasury and thereby embezzled huge amount when principal culprit Syed Furqan Raza confessed and admitted his guilt in his statement, dated 10-5-2000 before the Investigating Committee.
3. Learned counsel for the petitioners submitted that learned Federal Service Tribunal has not appreciated the material on record so also not applied the law in true perspective and has arrived at wrong conclusion and has taken sympathetic view in deciding the matter.
4. We find that a case for grant of leave to appeal is made out. Accordingly we grant leave to appeal inter alia to consider as to whether modification and alteration in punishment awarded under Ordinance No,XVII of 2000 could not have been made by the Service Tribunal which modification and alteration in the punishment was beyond the jurisdiction of the Tribunal when there being sufficient material to prove, the charges against the respondents for the acts of omissions and commissions, therefore, they could not be given benefits for their acts of omissions and commissions, considering that the respondents have admitted their acts of omissions and commissions in respect of the charges levelled against them.
5. Order accordingly.