Fraud and misappropriation of public money --- Accused refunding the misappropriated amount ---

 2023 SCMR 770

Fraud and misappropriation of public money --- Accused refunding the misappropriated amount --- Not a mitigating factor to reduce quantum of punishment --- Civil servant has no justification for claiming lenient treatment ( in the matter of his punishment ) merely for the reason that he refunded the misappropriated amount , which does not vitiate the gross misconduct of misappropriation , nor can this be treated as mitigating circumstance .

---- Fraud and misappropriation of public money --- In a case of proven fraud and misappropriation of public money , the delinquent cannot be exonerated -- Embezzlement of public money cannot be treated as misconduct of a minor nature .

---- Fraud and misappropriation of public money --- Long term of service is no ground for conversion of punishment of dismissal from service into compulsory retirenient --- If such type of leniency is shown in the heinous matters of misappropriation of public money or public funds , then it will amount to giving a license to all such civil servants to first join service , then serve at considerable length and commit crimes or misconduct at the verge of retirement without any fear of disciplinary proceedings , but with the confidence and assurance that the dismissal order from service will be converted into compulsory retirement by the competent authority or court by taking a lenient view