| Case ID |
038eff58-481c-453c-ad86-df0ffde1f64f |
| Body |
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| Case Number |
Appeal No. 599 of 2021 |
| Decision Date |
Sep 28, 2023 |
| Hearing Date |
Sep 14, 2023 |
| Decision |
The appeal was dismissed on the grounds of being time-barred. The appellant, Majid Ali, was discharged from service due to prolonged absence without permission, which was determined to be unexcused. The tribunal noted that the appellant did not report to duty after being directed and was absent for 64 days. His departmental appeal was filed late, exceeding the permissible timeframe by over five months. The tribunal emphasized that the discharge was in accordance with the Police Rules, particularly Rule 12.21, which states there is no appeal against such an order, but the Supreme Court's precedent established that appeals can be made under civil service laws. However, in this case, the procedural requirements were not met, leading to the dismissal of the appeal without delving into the merits of the case. |
| Summary |
This case revolves around the dismissal of Majid Ali, a police constable, who was discharged from service due to prolonged absence without permission, attributed to his medical condition. The tribunal highlighted the importance of adhering to procedural requirements in filing appeals. The decision underscores the significance of timely action in departmental appeals and the implications of mental health on service eligibility. The ruling reflects broader themes in law regarding employee rights, mental health considerations, and the procedural integrity of disciplinary actions in public service. Keywords relevant to this case include 'police discharge', 'departmental appeal', 'mental health in employment', 'Sindh Police regulations', and 'public service law'. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Sindh Police,
Special Security Unit
|
| Judges |
Justice Rtd. Sadiq Hussain Bhatti,
Tariq Mehmood Khoso,
Dr. Khalil-ur-Rehman Shaikh
|
| Lawyers |
Malik Naeem Iqbal,
Mr. Imran Ali Jatoi
|
| Petitioners |
Majid Ali
|
| Respondents |
,
Province of Sindh through Home Secretary, Government of Sindh
|
| Citations |
2024 SLD 4782,
2024 PLJ 70
|
| Other Citations |
2009 SCMR 1121,
2012 SCMR 195,
2000 SCMR 75
|
| Laws Involved |
Police Rules, 1934
|
| Sections |
12.21,
14.11-A,
14.12
|