Case Details

Citation(s)
1994 SLG 959 1994 SLD 959 1994 PLC 1384
Service Tribunal, Sindh
Appeal No. 40 of 1993, decision dated: 4-01-1994.
MUNAWAR ALI KHAN, CHAIRMAN, KH. DODANI AND GHULAM ABBAS SOOMRO, MEMBERS

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ZULFIQAR ALI WAGAN

VS

THE D.I.G.P. OF POLICE COMMANDENT, SINDH and another

Law:

Section:

Civil service------- Dismissal from service---Employee was awarded major penalty of dismissal from service on allegations that he had committed acts of gross misconduct, inefficiency, dereliction of duty and corruption---Employee was served with charge-sheet accompanied by statement of allegations, but employee had denied all such allegations, in his detailed reply---Authority claimed that departmental enquiry was held against employee, but evidence on record and even from statement of representative of Authority, it had fully been established that neither any enquiry was held against employee nor after completion of alleged enquiry any show-cause notice was given to employee calling upon him to show cause as to why in light of findings of Enquiry Officer specific punishment should not be awarded , to him---With all such legal flaws in disciplinary proceedings taken out against employee, order of punishment emerging from such proceedings could not legally be approved. Abdul Sattar Mughal for Appellant. Abdul Latif Ansari, AA.-G. for Official Respondents. Date of hearing: 30th December, 1993. ORDER MUNAWAR ALI KHAN (CHAIRMAN): --In this appeal, the Ex-­ASI Zulfiqar Ali Wagan, has called in question the order of his dismissal from service, which was passed in the circumstances as follows. While the appellant alongwith three Constables namely C/7072, Amir Bux, C/2556 Muhammad Saiful and C/8091 Mulazim Hussain were detained for Special duty at Bodlo Bridge of Rohri Canal, on 7-11-1989, they left their duty at their risk and went to the village Mubarak Lashari about two Kilometres away from the place of their duty and opened fire in the said village as result of which one villager Mubarak Lashari, died. The FIR was registered at the P.S. Padiedan and the said Police party including the appellant and three Constables were taken into custody. On the aforesaid ground, the appellant was served with charge-sheet accompanied by statement of allegations. In his reply, he categorically denied all the above allegations. Thereupon the DSP, SRP, Sukkur was appointed as Enquiry Officer. The DSP, Saleem Hussain Shah submitted his findings and recommended for awarding punishment…
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