| Case ID |
0483b8aa-fac5-4036-8fc5-6045379822ee |
| Body |
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| Case Number |
Appeal No. 76 of 1984 |
| Decision Date |
Jul 02, 1985 |
| Hearing Date |
|
| Decision |
The service appeal was dismissed on the grounds that the appellant, a High School Teacher, was not entitled to full pay for the period of suspension. The tribunal found that the acquittal in the criminal case was not an honorable one, as it was due to the prosecution's failure to present evidence rather than a clear vindication of the appellant's conduct. The tribunal emphasized the moral implications of the allegations against the teacher, which included illicit relations with a student, and suggested that the Education Department reconsider the appellant's suitability for his teaching position under the Efficiency and Discipline Rules. |
| Summary |
This case revolves around a service appeal made by S. Shafiq Ahmad, a High School Teacher, who sought arrears of pay after being acquitted in a criminal trial related to serious allegations involving a minor student. The Service Tribunal, presided over by Chairman Mushtak Ali Kazi and two other members, evaluated the implications of the criminal acquittal on the appellant's employment status. The tribunal concluded that while the appellant was acquitted, the nature of the accusations—specifically, that he developed illicit connections with a student leading to her pregnancy—was serious enough to warrant a re-examination of his fitness to continue as a teacher. The tribunal highlighted the distinction between criminal acquittal and the standards required for maintaining trust in positions of authority, such as teaching. As a result, the appeal for full salary payment during suspension was dismissed, and the tribunal recommended that the Education Department issue a show-cause notice to the appellant under the Efficiency and Discipline Rules to assess his suitability for the teaching role. This case underscores the critical nature of trust and responsibility in educational settings, emphasizing that a teacher's moral standing is paramount in their professional role. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
MUSHTAK ALI KAZI (CHAIRMAN),
MUHAMMAD IBRAHIM LAKHIAR,
TASNEEM AHMAD SIDDIQUI
|
| Lawyers |
A.A. Mohammadally,
A.A:G. for Respondents
|
| Petitioners |
S. SHAFIQ AHMAD
|
| Respondents |
another,
SECRETARY TO GOVERNMENT OF SIND, EDUCATION DEPARTMENT
|
| Citations |
1985 SLD 2363,
1985 PLC 1104
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Service Rules Manual,
Sind Service Tribunals Act (XV 1973)
|
| Sections |
R. 152(b),
S. 4
|