Case Details

Citation(s)
2005 SLG 889 2005 SLD 889 2005 PLC 403
Service Tribunal, Sindh
Appeal No.253 of 2002, decision dated: 7-05-2004.
JUSTICE (RETD.) ABDUL GHANI SHAIKH, CHAIRMAN AND NUR AHMAD SHAH MEMBER-II

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MOHIB K. HABIB

VS

THE PROVINCE OF SINDH through Chief Secretary, Government of Sindh and another

Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 3, 4(1)(b)(iii), 5 & 10-A---Sindh Service Tribunals Act (XV of 1973), S. 4---Removal from service---Appeal---Appellant along with others was found lacking in maintaining registers, files and other forms in proper shape and was served with a show-cause notice for misconduct---Inquiry Officer held appellant guilty of charges levelled against him and Authorized Officer recommended penalty of reduction in the time scale for a period of two years, but the Governor, invoking R. 10-A of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 inflicted upon appellant enhanced punishment of removal from service---Two of the co-appellants who too were charged with similar lapses had been reinstated during pendency of appeal---Appellant deserved same treatment under the principles of consistency---Witnesses were not examined in presence of appellant and appellant was also not allowed opportunity of cross-examination---That had left little justification, if any, for the maintenance of, punishment awarded to appellant and sustainability of said punishment, in view of facts and circumstances of the case, would be contrary to the dictates of justice and equity---Order of removal from service passed against appellant was rescinded and he was reinstated in service. 2003 PLC (C.S.) 1252; 1986 SCMR 1875; 2004 PLC (C.S.) 369 and 1995 SCMR 723 ref. M. L. Shahani for Appellant. Mrs. Tabassum Ghazanfar, A.A.-G. for Official Respondents. Date of hearing: 14th April, 2004. JUDGMENT NUR AHMAD SHAH (MEMBER-II).--This is an appeal under section 4 Sindh Service Tribunal Act, 1973. The facts are: The appellant joined the Labour Department in Government of Sindh as a Labour Officer (BS-16) in 1971. He rose to the position of Deputy Director Labour (BS-18). While the appellant holding the additional charge of Deputy Chief Inspector of Shops, an Inquiry Officer found him lacking in maintaining registers, files and other fortes in proper shape. He along with the Joint Director Labour and two of his subordinate staff was served with a show-cause notice for misconduct. This was followed by a regular inquiry by the…
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