Case Details

Citation(s)
1991 SLG 2203 1991 SLD 2203 1991 KLR 120
Sindh High Court
Appeal No. 115 of 1989, 21st January, 1991
(RTD) MUNAWAR ALI KHAN (CHAIRMAN) AND GHULAM MUJADID ISRAN, MEMBER

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Hashmat Rai

VS

The Chief Secretary And Another

Law:

Section:

Keywords: Division, High Court, Punishment, Consent, Show Cause Notice, Grounds, Notice, Necessity, Dismissal From Service, Consideration, Orders, Office, Order Of Dismissal, Service Tribunal, Grievance, Investigation, Parties, Failure, Commission, Removal, Impugned Order, Period, Chairman, Penalty, Prosecution, Petition, Copy, Suspension, Care, Proceedings, Charge-Sheet, Set Aside, Exercise Of Powers, Place, Non-Compliance, Evidence, Enquiry Officer, Costs, Personal Hearing, Omission, Provisions, Order, Competent Authority, Harassment, Fixation, Disposed Of, Removal, Refusal, Government, Leave, Show-Cause Notice, Discretion, Maintain, Compliance JUDGMENT JUSTICE (RTD) MUNAWARALI KHAN (CHAIRMAN)- The appellant, Mr. Hashmat Oad was Assistant Engineer when he was removed from service vide the Governor's order dated 31st July, 1989. The said order was passed in the background which may be briefly stated as follows. As many as six charge sheets were served on the appellant one after the other, the last one being on the ground of his refusal to accept the fifth charge-sheet. The allegations against him were that he had committed financial irregularities amounting to misconduct. After Mr. Ghulam Muhammad Junejo, the first Enquiry Officer, submitted his report, instead of taking further action in the light of that report, another Enquiry Officer, Syed Arif Ali Shah was substituted in his place. Like his predecessor, he to recommended minor penalty to be awarded to the appellant in his report. Without furnishing copy of the enquiry report and giving final show-cause notice to the appellant, he was dismissed from service by order dated 12.5.1980. The appellant challenged the said order of his dismissal in appeal No. 51/1980 filed before this Tribunal. By its judgement dated 30th March, 1982 his appeal was allowed by the Service Tribunal, leaving it open to the departmental authorities to proceed against the appellant from the stage where the error had occurred by the authorities failure to give the appellant final show-cause notice and furnish him copy of enquiry report. 2. Two months after the announcement of the above judgement, the appellant was both reinstated in…
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