| Citation(s) |
|---|
| 2006 SLG 1671 2006 SLD 1671 2006 PLC 402 |
Service Tribunal, Sindh
Appeals Nos.285 of 2002 and 76 of 2003, decision dated: 30-08-2004.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN, YOUSAF ALI MIRZA, MEMBER-1 AND NUR AHMAD SHAH, MEMBER-II
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Appeals Nos.285 of 2002 and 76 of 2003, decision dated: 30-08-2004.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN, YOUSAF ALI MIRZA, MEMBER-1 AND NUR AHMAD SHAH, MEMBER-II
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Mst. RIFAT ZHORA
VS
EXECUTIVE DISTRICT OFFICER (EDUCATION) DISTRICT SANGHAR and others Mst. RIFAT ZHORA vs EXECUTIVE DISTRICT OFFICER (EDUCATION) DISTRICT SANGHAR and others
Law:
Section:
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------R. 4(1)(b)(iii)---Service Tribunals Act (XV of 1973), S.4---Stop; ping of pay and removal from service---Appeal---Appellant who was appointed as JST (BS-9), her pay was stopped, but on her representation, same was released---Pay of appellant and other lady teachers was again stopped on report of Army Monitoring Team and thereafter their services were terminated on allegation that she along with other was appointed on false documents---Validity---Appellant was appointed through a Selection Committee against vacancies advertised in the press and was deputed for training which she completed successfully; she served for more than seven years and gave no cause for complaint, but despite that her salary was stopped and she was removed from service---Authorities, neither in their written statement nor in arguments before Service Tribunal had explained the reasons for first withdrawing appellant's salary and then dispensing with her services as a ghost teacher---Appellant having been condemned unheard, impugned action against her was perverse and whimsical---Stoppage of salary of appellant followed by removal from service without proper inquiry, had caused appellant a grave miscarriage of justice --Impugned orders relating to stoppage of salary and removal from service passed against appellant were revoked and appellant was reinstated in service with all legal dues. 2000 PLC (C.S) 784; 2004 PLC (C.S) 463; 2004 PSC (541); 2004 SCMR 281 and 2004 SCMR 49 ref. Ansari Abdul Lateef for Appellant. Mrs. Tabassum Ghazanfar, A.A.-G. for Respondent. Date of hearing: 6th April, 2004. JUDGMENT NUR AHMAD SHAH, (MEMBER-II).---The above two appeals have arisen out of identical facts and circumstances and these are disposed of in one judgment. 2. The salient features as brought on record are. The appellant was appointed as JST (BS-9) in August, 1995. She was posted in the Government Girls High School, Jhol District Sanghar. She was deputed for C.T. Training. Meanwhile on 20-11-1999, her pay was stopped and on her representation, the same was released on 22-2-2000. Again the pay of the appellant and 7 other lady teachers…
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