Case Details

Citation(s)
1994 SLG 934 1994 SLD 934 1994 PLC 1270
Service Tribunal, Sindh
Appeal No. 106 of 1992, decision dated: 4-01-1994.
MUNAWAR ALI KHAN, CHAIRMAN, K.B. DODANI, AND GHULAM ABBAS SOOMRO, MEMBERS

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MUHAMMAD HASSAN

VS

HOME SECRETARY, GOVERNMENT OF SINDH, KARACHI and 3 others

Law:

Section:

Civil service------Removal from service---Remedy against---Employee who was removed from service, filed departmental appeal against removal order, but same was also dismissed by Appellate Authority---After dismissal 'of departmental appeal, employee's remedy lay before Service Tribunal but employee instead of availing that remedy remained filing appeals and revision before higher Authorities, which also were rejected---Cause of action that accrued to employee for resorting to judicial process for seeking desired remedy came to an end, in circumstances, as employee did not challenge Appellate Authority's order and subsequent orders passed by higher Authorities in appeals and revision were not challenged by employee before any judicial forum---Employee having failed to adopt proper course in due course of time, appeal filed by employee against his grievance after about more than one decade, was dismissed. Abdul Sattar Mughal for Appellant. Abdul Latif Ansari for the Government. Date of hearing: 30th December, 1993. ORDER MUNAWAR ALI KHAN (CHAIRMAN).---This appeal arose from a very old incident which occurred, nearly two decades ago in the year 1975. The appellant, Muhammad Hassan was posted as Head Constable at P.S. Kandhkot when he was included in the police party headed by S.H.O. Sabir Hussain for investigation of the Crime No. 268/74 under section 382, P.P.C. In course of the investigation although some accused persons were arrested, the S.H.O. Sabir Hussain and Police Constable Muhammad Rafique lost their lives in firing encounter with the culprits. As a consequence all the remaining members of the police party including the appellant were suspended and were given show-cause notices. They were ultimately ousted from service by the orders of the S.P. Jacobabad. Their departmental appeals from the order of their ouster were also rejected by the D.I.-G.P. Thereafter they approached the I.-G.P. but he too rejected their petition for reinstatement vide Order No.19465-66/E-111, dated 15-12-1988. Again in 1989 the above police officials including the appellant who were aggrieved by the I.G.P.'s order once again tried to revive their otherwise closed case by…
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