| Citation(s) |
|---|
| 1988 SLG 1305 1988 SLD 1305 1988 PLC 735 |
Service Tribunal, Sindh
Appeal No. 43 of 1987, decided on 26th May, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DR. A. Q. QAZI, MEMBER-I AND DARGAHI L. MANGI, MEMBER-II
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Appeal No. 43 of 1987, decided on 26th May, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DR. A. Q. QAZI, MEMBER-I AND DARGAHI L. MANGI, MEMBER-II
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MUSARRAT JAHAN
VS
THE SECRETARY, LABOUR AND COOPERATION DEPARTMENT, GOVERNMENT OF SIND and 2 others
Law:
Section:
Sind Service Tribunals Act (XV of 1973)----S.4--Removal from service--Appellant not pressing appeal on merits but praying for reduction in penalty--Appellant, a young, girl, working in male dominated environment in respondent-Department, disciplinary action having begun in 1983, having already suffered too much as heavy cost both in terms of monetary loss, non-promotion and moral set back and since her conviction was being maintained, she was unlikely to receive unpaid portion of emoluments for entire period of suspension--Department representative admitting that appellant had a clean service record for over ten years--Appellant also-said to be the only earning member of her large family--State counsel not seriously opposing appellant's prayer for reduction of penalty--Extreme penalty of removal from service being too severe and uncalled for in circumstances of case, reduced to that of withholding of three annual increments without cumulative effect. Abdul Sayeed Khan Ghori for Appellant. Abdul Ghafoor Mangi, A.-A.G. for the Government. Date of hearing: 28th April, 1988. . JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant has submitted a statement in writing which is also signed by her counsel, stating therein that she does not press the appeal on merits and instead prays for reduction in punishment. She has given a number of reasons in support of her prayer. The appellant was serving as a Senior Clerk in the Directorate of Manpower Research and Planning Cell, when disciplinary action was initiated against her. Two main charges levelled against the appellant are: first, that she remained absent from duty un-authorisedly from 4-5-1983 to 10-7-1983; second, that she left for India without obtaining ex-Pakistan leave. She was found guilty of these charges and was awarded major penalty of removal from service. After availing departmental remedy she approached this Tribunal in appeal. By order dated 30-9-1986 her appeal was allowed and the impugned order of her removal dated 7-1-1985 was set aside. However, the case was remanded back to the Authorized Officer concerned with a direction that Enquiry Officer be appointed to hold a detailed enquiry into the…
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