SAIYED SAEED ASHHAD, J.- This petition for leave to appeal has been .Filed against the judgment of Federal Service Tribunal dated 1.4.2006 dismissing the appeal of the petitioner and refusing to convert the punishment of dismissal from service to compulsory retirement.
2. Petitioner along with two, others namely Muhammad Shamiana and M.H. Abbasi was proceeded against departmentally under the Efficiency and Discipline Rules and having been found guilty the petitioner along with Muhammad Shamim was -awarded the punishment of dismissal from service while M.H. Abbasi was awarded the lesser punishment of compulsory retirement on the ground that he had disclosed and divulged all the details relating to fraud and embezzlement of Government money by alt the above three civil servants, ln other words he has acted and played the role of an approver, therefore, the case of the petitioner cannot be treated on the same pedestal as that of M.H. Abbasis. Muhammad Shamim died during pendency of the appeal as a result of which his appeal abated on 27.3.2003 and the Tribunal made an observation that his case could be considered on compassionate grounds by the Department on the same lines as that of appellant M.H. Abbasi so as to enable the L.Rs of deceased Muhammad Shamim to get some benefits. The above observation of the Tribunal was taken by petitioner as directions for converting the dismissal from service to compulsory retirement in his service appeal before the Service Tribunal. This ground was stressed with great vehemence but not fined favour with the Tribunal who dismissed the appear. Hence this petition for leave to appeal.
3. We have heard the arguments of petitioner and perused the material on record. From perusal of the judgment of the Tribunal it may be noted that the Tribunal had minutely examined the material relevant for determining the gift or otherwise of the petitioner and thereafter came to the conclusion that the charges levelled against the petitioner stood proved beyond. Reasonable doubt and he was rightly awarded punishment under the Efficiency and Discipline. Rules.
Regarding conversion of punishment, of dismissal from service to compulsory retirement the Tribunal had placed reliance on the judgments of this Court in the cases of (i) Abdul Wahid v. The General Manager and others (2004 PLC (CS) 90) and (ii) Fida Hussain Javed and 3 others v.
Director Food, Punjab (2004 SCMR 62). Ln both the afore-said judgment this Court had categorically pronounced that where the civil servant faced the charge of embezzlement, fraud, stealing and theft of Government property then on proof of the charge and involvement of the civil servant he would be entitled to maximum punishment of dismissal from service and no leniency would be called for.
4. As regards the question of discrimination, as according to the petitioner the punishment awarded to M.H. Abbasi was that of compulsory retirement which was not discrimination as his role was similar to that of the petitioner, it may be noted that the contention is not well-founded as M.H.
Abbasi had divulged the details of the embezzlement and fraud which resulted in recovery by the Government of embezzled amount which fact was considered for giving him the lesser punishment. He having more or less acted as an approver would be entitled to leniency in the award of' punishment. The penalty of dismissal awarded to deceased Muhammad Shamim was never converted into lesser penalty during his life time as^his appeal was pending and abated on his death.
For the foregoing facts, reasons and discussion this petition is found to be without any substance and is accordingly dismissed. Leave to appeal is refused.