IN THE SUPREME COURT OF PAKISTAN
(APPELLATE JURISDICTION)
PRESENT:
MR. JUSTICE GULZAR AHMED, HCJ
MR. JUSTICE IJAZ UL AHSAN
MR. JUSTICE MUNIB AKHTAR
CIVIL PETITION NO.692 OF 2020.
(Against the order dated 16.12.2019
passed by the Federal Service Tribunal,
Islamabad in Appeal No. 52(R)CS of 2018).
Director General Federal Directorate and another.
Petitioner(s)
Versus
Tanveer Muhammad and another. . . . Respondent(s)
t
For the Petitioner(s)
For Respondent No.1
Date of Hearing:
Moulvi Ejaz ul Haq, DAG.
Mr. M. Ahmed, A.D. (L) FDE.
Syyeda B. H. Shah, AOR.
In person.
18.12.2020.
ORDER
IJAZ UL AHSAN, J.- Leave to appeal is sought
against a judgment of the Federal Service Tribunal,
Islamabad dated 16.12.2019. Through the impugned
judgment a Service Appeal filed by the petitioner was partly
allowed to the extent that the penalty of dismissal from
service was converted into withholding of increment for a
period of five years. The Appellant was reinstated into service
from the date of his dismissal.
2. Briefly stated the facts of the case are that the
Respondent was employed as a Chowkidar and was
performing his duties in the Federal Directorate of Education,
(
CIVIL PETITION NO.692 OF 2020, 
2
Headquarter at Islamabad. While on a visit to his parent
Institution on 12.05.2015 i.e. Islamabad Model School No.2,
Sector G-8/2, Islamabad he had an altercation with Mst.
Parveen Akhtar, Aya of the said school. He allegedly
physically assaulted her, used abusive language and
threatened her in various ways. The occurrence was seen by
various members of the school staff including the Principal.
She lodged a complaint against the Respondent before the
Federal Ombudsman under Protection against Harassment of
Women at Workplace. She also lodged an FIR against the
Respondent with the concerned Police Station. The Federal
Ombudsman referred the matter to the department with a
direction to conduct an inquiry. Show cause notices dated
10,11.2015 and 12.01.2016 under E&D Rules were issued to
the Respondent. After processing the matter and conducting
an internal inquiry, major penalty of dismissal from service
was imposed on the Respondent vide order dated 10.05.2016.
His departmental appeal was rejected on 23.11.2017.
Aggrieved, he approached the Federal Service Tribunal,
Islamabad. Such appeal was allowed.
3. Moulvi Ejaz-ul-Haq, learned Deputy Attorney
General appearing on behalf of the petitioner submits that
there were serious allegations of physical violence resulting in
multiple injuries to the victim which were duly reflected in the
medico-legal report ("MLR"). The said position was also
confirmed by eye-witnesses who were examined by the
Committee. Such acts of violence and especially against
' CIVIL PETITION NO.692 OF 2020. 
3
women within the premises of a school constituted serious
misconduct and was appropriately punished by the
competent authority. He further submits that imposition of
major penalty of dismissal from service was justified in the
facts and circumstances of the case. The Tribunal therefore
had no lawful reason or justification to modify the penalty
and reduce it to stoppage of increments for five years. He
submits that it is settled law that mere fact that the
Respondent was acquitted in criminal proceedings does not
constitute basis for interfering in departmental proceedings
because the same are separate and distinct matters under
different laws and requiring different standards of proof.
4.
The Respondent is present in person and submits
that the occurrence in question did not take place. He
maintains that the victim had a grudge against him and had
started the fight herself and he only held her arms to prevent
her from inflicting any physical injury on him. He further
submits that the action taken by the department was harsh
and disproportionate to the gravity of the offence allegedly
committed by him.
5.
We have heard the learned Deputy Attorney
General as well as the Respondent present in person and also
gone through the record.
6.
We find that there is sufficient and adequate
material on record to establish the charge of using physical
violence against Mst. Parveen Ak.hter, Aya of the school. The
CIVIL PETITION NO.692 OF 2020. 
4
said fact was substantiated not only by the eye-witness
account but also corroborated by the Medico Legal Report
which confirmed commission of physical violence and
infliction of injuries on the person of the victim. The internal
inquiry found him guilty of all charges. No bias partiality or
mala fides is alleged against the inquiry Committee. The
Respondent was given fair opportunity to defend himself
which he failed to do. The fact that the Respondent was
acquitted by the Court of Judicial Magistrate, Islamabad is
inconsequential in view of the fact that the departmental
proceedings which were independently undertaken are
separate and distinct proceedings and have a different
standard of proof. In accordance with service laws and
departmental procedure, the said standard was adequately
met. Further, the Tribunal has itself recorded findings to the
effect that "no doubt the appellant has committed misconduct
but the penalty imposed upon the appellant by the
respondents is too harsh and does not commensurate with
the charge".
7. We are afraid, we do not subscribe to the said
finding of the Tribunal for the reason that the Respondent
had physically assaulted and tortured a female worker of the
school. Such violence was perpetrated within the school
premises which violated the sanctity of an educational
Institution. In our opinion this constitutes an act of gross
misconduct. We also notice that the internal inquiry
Committee consisted of three independent Senior Officers
a 
ç
CIVIL PETITION NO.692 OF 2020, 
5
namely Ms. Farida Yasmeen, Director School (Female), Major
Abdul Waheed Khan, Deputy Director (C&M Cell), Member
and Mr. Muhammad Azhar Khan, Supervisor (Monitoring)
Member. The said Committee acted fairly, in accordance with
law and gave the Respondent ample opportunity to defend
himself. The charges of harassment, violation of service
norms by physical violence and torture perpetrated on Mst
Parveen Akhter, Aya of the school, use of blackmailing tactics
and spoiling the congenial environment and sanctity of the
Educational Institution stood fully established. In the face of
proof of such charges, we fail to understand how the penalty
imposed by the department was "too harsh or not
commensurate" with the offence alleged against the
Respondent. Further, the judgment of the Tribunal is devoid
of any reason let alone cogent for converting the major
penalty of dismissal from service into withholding of
increments for a period of five years.
8. This Court has repeatedly held that where the
Tribunal exercises jurisdiction under Section 5 of the Service
Tribunals Act, 1974, legally sustainable reasons must be
recorded. Merely and casually making an observation that the
penalty imposed is not commensurate with the gravity of the
offence is not enough and constitutes arbitrary capricious
and unstructured exercise of jurisdiction. The order must
show that the Tribunal has applied its mind to the facts and
circumstances of the case and exercised its discretion in a
structured, lawful and regulated manner keeping in view the
CIVIL PETITION NO.692 OF 2020. 
6
dicta of superior Courts in the matter. All of the above factors
are conspicuous by their absence in the judgment of the
Tribunal impugned before us. We, therefore, find the
impugned judgment of the Tribunal to be unsustainable and
liable to be set aside.
9. For reasons recorded above, this petition is
converted into an appeal and allowed. The impugned
judgment of the Federal Service Tribunal dated 16.12.20 19 is
set aside. The punishment imposed by the department is
restored and affirmed.
ISLAMABAD.
18.12.2020.
Zubair/ *
hAtet Approved For Reporting'