| Case ID |
0ba65737-0228-4836-a9e1-ad0020c01761 |
| Body |
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| Case Number |
Appeal No.118 of 2003 |
| Decision Date |
Aug 30, 2004 |
| Hearing Date |
Jun 18, 2004 |
| Decision |
The appeal was dismissed as the appellant could not substantiate his claims regarding the return of the amount allegedly recovered from him. The tribunal found that the appellant had previously disowned the amount in question and had not demonstrated that he was entitled to the back-benefits sought. The court emphasized the principle that once a party disclaims a claim, they cannot later reassert it based on changed circumstances. Additionally, there was no evidence proving the appellant did not gain financially during his time out of service, further justifying the dismissal of his appeal. |
| Summary |
This case revolves around the appeal of MUHIB ALI against his dismissal from the Sindh Police on charges of misappropriation and embezzlement of government funds. The Service Tribunal initially reinstated him after finding procedural errors in his dismissal. However, upon seeking the return of a significant amount he claimed was fraudulently recovered from him, the tribunal dismissed his appeal, citing inconsistencies in his claims. The case underscores the importance of maintaining a consistent narrative in legal proceedings and the implications of disowning claims. Keywords: Sindh Police, embezzlement, Service Tribunal, reinstatement, appeal process, legal principles. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RTD.) ABBUL GHANI SHAIKH,
NUR AHMAD SHAH
|
| Lawyers |
Tabassum Ghazanffar, Asstt. A.-G.
|
| Petitioners |
MUHIB ALI
|
| Respondents |
3 others,
INSPECTOR GENERAL OF SINDH POLICE, KARACHI
|
| Citations |
2005 SLD 985,
2005 PLC 1081
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973,
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
3,
4(1)(b)(iv),
5,
6,
4
|