Case Details

Citation(s)
2005 SLG 907 2005 SLD 907 2005 PLC 509
Service Tribunal, Sindh
Appeal No.305 of 1999, decision dated: 26-02-2004.
JUSTICE (RETD.) ABDUL GHANI SHAIKH, CHAIRMAN AND NUR AHMED SHAH, MEMBER-II

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ANWAR ALI BALOCH

VS

REGISTRAR, MEHRAN UNIVERSITY OF ENGINEERING AND TECHNOLOGY, JAMSHORO and 2 others

Law:

Section:

(a) University of Sindh Employees (Efficiency and Discipline) Rules, 1961------Rr. 3, 4, 5, 7 & 8---Sindh Service Tribunal Act (XV of 1973), S. 4---Fundamental Right, 29---Reversion---Appeal---Appellant serving as Assistant Professor in B-18 was reverted to B-17 after issuing him show-cause notice, charge-sheeting him and holding inquiry against him on the basis of a complaint of student in which it was alleged that appellant being an examiner demanded from him illegal gratification, but on his refusal to pay him said illegal gratification he declared him failed in examination---Appellant was proceeded against departmentally on said complaint---Matter was thoroughly enquired by independent and impartial judicial officer---Appellant had not attributed any ill-will or personal grudge either to complainant or the Inquiry Officer or witnesses---Appellant had not denied that he had not checked papers of complainant---Allegations levelled against appellant had been corroborated by evidence---Fair chance/opportunity to defend was given to appellant during inquiry proceedings which proceedings he joined and he cross-examined the witnesses and no prejudice in any manner was caused to him---All the formalities relating to the inquiry proceedings were complied with in a perfectly valid and legal manner associating him with the same and providing him full chance to appear in his defence---No legal infirmity was found so far as disciplinary procedure was concerned---Department had already taken a very lenient view and appellant was imposed a lesser penalty of reversion---Punishment of reversion to a lower stage without specifying period of punishment, however appeared to be violative of Fundamental Rule. 29---While maintaining order of reversion against appellant, penalty of reversion was modified accordingly by restricting same for a period of four years without cumulative effect---Appeal dismissed. PLD 1969 Peshawar 147; PLD 1954 Lah. 299; PLD 1981 SC 176; PLJ 1983 Tr.C. (Service)-6; 1983 PLC (C.S.) 266; 1983 PLC (C.S) 473; 1987 PLC (C.S.) 266; 1988 (PLC) (C.S.) 451, 1992 PLC (C.S.) 1000 and Syed Zafar Ali Askari v. Secretary to Government of Sindh, Karachi and…
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