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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15- Misconduct-Act subversive of discipline- Railway workman occupying residential quarter forcibly and unauthorisedly-­Held : rightly charged of misconduct of act subversive of discipline. Iqbal Hussain Jafri for Appellant. Wasiullah QureshP for Respondent. Date of hearing : 20th October, 1982. ORDER The respondent, who at the relevant time was posted as fireman, Loco­shed, Mirpurkhas, was charge-sheeted, vide show-cause notice dated 12th November, 1979 for unauthorized occupation of quarter No. L-64/13, and was removed from service on the said charges with effect from 14th October, 1980, vide notice, dated l2nd October, 1980. He challenged the imposition of the said penalty on him through a grievance petition filed before the learned VIth Labour Court. The learned Labour Court by its decision, given on 14th March, 1982, allowed the respondent's grievance petition and has directed his re-instatement in service with full back benefits. The learned Labour Court teas based its decision on 2 grounds, firstly, that the domestic enquiry, on the basis of which the respondent was removed from service, was invalid in that though the enquiry was to be conducted by a committee of 3 officers, it was in fact conducted only by one officer, while the remaining 2 officers merely agreed to the enquiry report, and secondly, that the act of the respondent in occupying Quarter No. L-64/13 did not constitute misconduct for the purpose of Standing Order 15. 2. It was contended by Mr. Iqbal Hussain Jafri, the learned counsel for the railway administration, that the respondent admittedly was allotted Quarter No. L-64/A but he unauthorizedly occupied Quarter No. L-64/13, which is a large quarter and was meant for higher category of staff. He further submitted that unauthorized occupation of Railway quarter by a railway servant is an act subversive of discipline and hence constitutes mis­conduct under Standing Order 15. If the respondent in fact had occupied Quarter No. L-64/13, not only unauthorizedly but forcibly, as alleged in the charge-sheet, then unquestionably the act of the…

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