Case Details

Citation(s)
2005 SLG 854 2005 SLD 854 2005 PLC 288
Service Tribunal, Sindh
Appeal No. 170 of 2002, decision dated: 21st June, 2004.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN AND NUR AHMAD SHAH, MEMBER-II

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MIR MUHAMMAD

VS

GOVERNOR SINDH/CHANCELLOR SHAH ABDUL LATIF UNIVERSITY, GOVERNOR HOUSE KARACHI and 3 others

Law:

Section:

Shah Abdul Latif University Efficiency and Discipline Statutes, 1987---------S.5(b)(iii)---Sindh Service Tribunals Act (XV of 1973), S.4--­Termination of services---Appeal---Services of appellant were terminated on account of misconduct and indiscipline after charge-sheeting him--­Appellant was called by Enquiry Committee four times, but he never appeared before the same---Enquiry Committee, in such situation had to administer a warning to appellant and after recording a finding to that effect, had to proceed with enquiry ex parte by recording statements of witnesses in support of charges leveled against appellant---After evaluating and assessing same, Enquiry Committee was supposed to determine the guilt or otherwise of appellant and submit its recommendations to Syndicate for further needful, but same was not done---Neither any warning was administered to appellant nor statements were recorded nor Committee had determined the guilt of appellant---Committee had simply referred matter to Syndicate for further. necessary action---Matter, in circumstances was remanded for initiation oh fresh disciplinary proceedings against appellant purely in accordance with law after providing every reasonable opportunity to appellant to defend himself---Appellant would be reinstated, but he was to remain under suspension during enquiry proceedings. Mazhar Ali B. Chohan, for Appellant. Tabassum Ghazanfar, Asst. A.G. for Respondent No. 1. Shabbir Ahmad Awan, for Respondents Nos.2, 3 and 4. Date of hearing: 13th April, 2004. JUDGMENT JUSTICE (RETD.) ABDUL GHANI SHAIKH, CHAIRMAN.--­Appellant Mir Muhammad, Attendance Officer, Shah Abdul Latif University, Khairpur, was on account of misconduct and indiscipline, placed under suspension by order dated 15-9-2000. He was also charge ­sheeted on 20-10-2000, as under:-- "1. That according to the report of Director Planning and Development that you came to see Mr. Shah Muhammad Abbasi, and also been searching the papers and files of the A Director Planning Office. 2. That you have also been previously issued warning in pursuance of Syndicate Resolution No.4 dated 4-7-1992 in which you were directed to behave properly with your superiors in…
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