Law:

Section:

Pakistan Railways Servants (Efficiency and Discipline) Rules, 1975- ---R. 5(3)-Dispensing with enquiry-Show cause procedure-Autho­rised-Officer to exercise discretion in a reasonable manner giving reasons in writing-Such reasons open to examination by Court for justification of action-All possible grounds or reasons for proposed action must be conveyed to accused-Such grounds or reasons must be of nature sufficient to prima facie establish charge levelled and such grounds would substitute proof of allegations-Expression "reasonable opportunity"-Includes all possible defence documentary and oral which may be available to accused-Mere issuance of show-cause notice and obtaining explanation-Not sufficient-Accused has right to produce any oral or documentary evidence and can also ask employer to produce relevant documents-Accused not informed of full grounds for proposed action and also documentary evidence not taken into consideration-Consequential penalty order, in circumstances, held, not sustainable-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Agha Taj Muhammad for Appellant. Respondent in person. Date of hearing : 15th March 1981. JUDGMENT Muhammad Irshad, respondent, was posted as a Junior Goods Clerk at Shahdara Bagh Railway Station. He was transferred to Haripur Band Railway Station. According to the Management, he was relieved on 1-7-1975 at Shahdara Bagh but he did not report for duty at Haripur Band. He applied for leave for two monts, which was in the first instance granted but subsequently was cancelled. He filed a civil suit and succeeded in getting a stay order, but ultimately the civil suit was dismissed and he then went in appeal before the Additional District and Sessions Judge, where initially he was granted a stay order but ultimately the appeal too was dismissed. He then approached Punjab Labour Court No. 2, Lahore under section 25-A of the Industrial Relations Ordi­nance, 1969. The respondent produced Abid Hussain Siddiqui A. C. T. (P. W. 1), Muhammad Bashir, shunting porter (P. W. 2) and himself appeared as .P. W. 3. The appellant-Management produced Muhammad Ismail, Junior Welfare Officer (R. W. 1), Haji Muhammad Ismail, Junior…

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