MUNIR A. SHEIKH, J. The respondent who was employee of the petitioners was proceeded against in disciplinary proceedings on to charges.
2. The penalty of dismissal from service was imposed by the departmental authority on the assumption that both the Charges had been proved. The appeal filed by the respondent has been partly accepted in that the Federal Service Tribunal held that charge No. 1 had not been proved, as regards second charge, the penalty was found to be disproportionate to the nature of the charge, therefore, the major penalty of dismissal from service has been modified and converted into stoppage of one increment through judgment dated 6.7.2001 against which leave is sought.
3. Learned counsel for the petitioners attempted to argue that charge No. 1 had also been proved, therefore, the imposition of penalty of dismissal from service was legally justified.
4. In the judgment of the Service Tribunal, the entire evidence and the material brought on the record has been scanned and it was held as a matter of fact that the said charge had not been proved which finding of fact has not been shown to have suffered from any illegality which would render the judgment as without lawful authority as such, no question of law of public importance as envisaged by Article 212 of the Constitution is involved. As regards the other charge of the recovery of dues of the PSO. It has rightly been held that the nature of the same did not justify the major penalty of dismissal from service and the same had justifiably been modified and converted into penalty of stoppage of one increment so that the respondent may mend himself and make the recovery who is with the petitioners since 1987 as admitted by the learned counsel for the petitioners.
5. For the foregoing reasons, this petition is dismissed and leave refused.