Law:

Section:

Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R.8--Sind Service Tribunals Act (XV of 1973), S.4--Dismissal from service on ground of conviction by Military Court--Civil servant's conviction having been set aside in appeal his dismissal order would automatically stand revoked--Civil servant could not be denied benefit of reinstatement in service on the ground that he had already served out sentence of imprisonment, before setting aside of his convict, in--Refusal to take back civil servant in service would tantamount to perpetuate the punishment of dismissal despite the fact that conviction on which such punishment was based had been set aside--Civil servant's conviction having been set aside not only the stigma carried by the civil servant disappeared but also his dismissal stood cancelled which entitled him to reinstatement. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--By this appeal appellant, M.A. Mughni, has challenged the order of Deputy Director, Labour dated 19-7-1988, whereby he was informed that after consultation with S&GAD and Law Department, his appeal for reinstatement in service had been rejected. The appellant's case as disclosed in his memo of appeal, is that he was working as Labour Inspector (Shops), Karachi when he was involved in a case of bribery vide FIR No.32/82 registered by the Anti-Corruption Police. After due investigation the appellant was placed on trial before the Summary Military Court No.5, Karachi and he was convicted by the said Court and sentenced to undergo R.I. for nine months and pay fine of Rs.5,000. Consequent upon his conviction he was dismissed from service by order of Director, Labour, Sind dated 25th May, 1982. The appellant preferred appeal against the order of his conviction to the DMLA Sector I, Karachi. However, the said appeal remained undecided until 29-12-1985 when the DMLA passed order setting aside his conviction. Meanwhile the appellant had served out the sentence of his imprisonment. On the basis of DMLA's order he approached the Director, Labour for reinstatement in service by making two representations; one dated 5-1-1986 and another dated 11-2-1986, but no order was passed thereon.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492