Tackling corruption
Corruption and misuse of power are the greatest banes of our society. It is high time to put this menace to an end root and branch. The Supreme Court has given the ruling that government officials who are found involved in embezzling state property or funds can never be allowed to continue in employment. A division bench, headed by the Chief Justice of Pakistan, gave the decision on a petition challenging the Punjab Service Tribunal order to reinstate a senior revenue official who had admitted that he had illegally transferred state land measuring 270 kanals to private individuals. A departmental inquiry had found the official guilty and recommended his dismissal. However, the tribunal declared that the act of the revenue official did not constitute misconduct and as such, dismissal from service was too harsh a punishment as it did not commensurate with the gravity of the offence. It reduced the punishment to forfeiture of two years from the service tenure of the official.
The top court noted that the tribunal in its decision was altogether misplaced, considering that the respondent himself had admitted that he transferred government land to private persons, causing a huge loss to the exchequer. The court order emphatically said the tribunal had for a considerable time been taking a lenient view of misconduct by officials even where government departments had admitted that the commission of an offence constituted misconduct or inquiry had proved that the offence had been committed. It said despite the fact that the revenue official’s guilt was proven, the tribunal ordered his reinstatement on the untenable grounds that the punishment did not commensurate with the gravity of the offence. The tribunal only stated that it enjoys vast powers under the relevant law to confirm, set aside, vary or modify orders passed by the departmental authorities. The court asked whether the exercise of these powers depended on the whims of the tribunal. The tribunal has lately been on the radar of the top court for its acts of omission and commission. In light of the adage “What you allow is what will continue”, we welcome the top court judgment.
Published in The Express Tribune, August 30th, 2020.
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