1. S. USMAN ALI SHAH, J.---Muhammad Nawaz Kahut respondent herein was placed under suspension with effect from 13-10-1983 in connection with two police officials who were suspected to be responsible for the death of one Nasir Masih who died in September, 1985 in police lock-up of Abpara Police Station, Islamabad and were slipped out from the custody, with the alleged connivance of the respondent. On 15-10-1983 the respondent claimed to have fallen ill and in support thereof he submitted a medical certificate from a hospital recommending two weeks rest.
2. He availed the said leave, although it was not sanctioned by the competent Authority.
3. The respondent was charge-sheeted on the allegations of misconduct and inefficiency. The Enquiry Officer found him guilty of the said allegations and the I.-G.P. Islamabad vide his order dated 22-4-1985 imposed on him major penalty of reduction in pay from Rs.1,000 to Rs. 950 per month with permanent effect Departmental appeal of the respondent was not replied and his subsequent appeal before the Federal Service Tribunal was partly allowed and his reduction in pay with permanent effect was modified to that of reduction in pay for a period of three years, vide impugned judgment dated 6-6-1989. The Government now seeks leave to appeal against the said order before this Court.
4. After hearing the learned counsel in support of this petition in the light of the finding of the Tribunal, we have observed that the point for consideration in this petition is whether the punishment awarded to the respondent by the Competent Authority, while reducing his pay from Rs.1,000 to Rs.950 with permanent effect can be modified by the learned Tribunal. Leave to appeal is granted on this limited point.
5. Appeal is to be made ready on the present record with permission to parties to file additional documents, if any.