| Citation(s) |
|---|
| 1992 SLG 1905 1992 SLD 1905 1992 KLR 24 |
Sindh High Court
Appeal No. 87 of 1990, 2nd July, 1991
JUSTICE (RTD) MUNAWAR ALI KHAN, CHAIRMAN AND GHULAM MUJADID ISRAN MEMBER
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Appeal No. 87 of 1990, 2nd July, 1991
JUSTICE (RTD) MUNAWAR ALI KHAN, CHAIRMAN AND GHULAM MUJADID ISRAN MEMBER
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Jairamdas
VS
Commissioner Hyderabad Division And Another
Law:
Section:
Keywords: Kidnapping, Termination From Service, Annual Increments, Impugned Order, Order, Discharge, Orders, Negligence, Competent Authority, Period, Defence, Offer, Office, Notice, Call, Leave, Plea, Natural Justice, Certificate, Parties, Costs, Receipt, Penalty, Permission, Intimation, Absence From Duty JUDGMENT GHULAM MUJADID ISRAN, MEMBER.- Jairamdas Ex-driver office of Mukhtiarkar Umarkot has filed the present appeal u/s 4 of the Sind Service Tribunals, Act, 1973, against his termination from service by order of Deputy Commissioner Tharparkar dated 11.5.1989 and subsequently upheld by the Respondent No.1 vide his order dated 12.9.1990. He has requested for setting aside the above impugned orders. 2. Briefly stated the facts of the case are that appellant was posted as Driver in the Office of Mukhtiarkar Umarkot when he himself absented from duty without leave Or permission w.e.f. 21.5.1988. A showcause notice dated 16.8.1988 for his willful absence was issued to him. In reply to showcause notice the appellant stated that he fell ill therefore he could not attend his duties. He submitted medical certificate in support of his version. Consequently the services of the appellant were terminated by the Deputy Commissioner, Tharparkar vide his order dated 11.5.1989. The appellant preferred an appeal before the Commissioner, Hyderabad which was .Dismissed vide his order dated 12.9.1990. Hence the appellant has filed the present appeal before this Tribunal. We heard the arguments of the learned counsel for both the parties and also went through the relevant record. Mr. Manohar Lai represented the appellant whereas Mr.M.M Aqil Awan appeared for official respondents. 3. The following two allegations have been made against the appellant (1) He was a person of character was involved in kidnapping case of a Hindu Girl (2) He remained absent from duty with effect from 21.5.1988. The showcause notice dated 16.8.1988 issued to the appellant is reproduced below because of its importance and bearing on the decision of the appeal:- "Your Jairam s/o Gordhandas Driver office of Mukhtiarkar, Umerkot are hereby required to show cause for the charges shown as under:- 4. Thatβ¦
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