Legal Case Summary

Case Details
Case ID 0c0cd523-bc57-4cf5-9eea-4632f1dcff39
Body View case body.
Case Number Appeal No. 39 of 1990
Decision Date Aug 18, 1990
Hearing Date Aug 16, 1990
Decision The appeal of Atta Muhammad against his dismissal from service was allowed by the Service Tribunal. The Tribunal found that the factual allegations against the appellant were not properly investigated, with no valid inquiry conducted prior to the dismissal. It was determined that the Secretary Education acted as the Authorised Officer rather than the appointing authority. The punishment of dismissal was deemed unjustified given the lack of evidence and a proper hearing. Consequently, the case was remanded for fresh proceedings to ensure compliance with the relevant rules.
Summary In the case of Atta Muhammad Chandio, who served as Supervisor of Primary Education, the Service Tribunal of Sindh reviewed his dismissal from service based on allegations of misconduct involving the embezzlement of public funds. The Tribunal highlighted significant procedural errors, including the absence of a proper inquiry and personal hearing for the appellant. The decision emphasized the importance of adhering to procedural fairness and the legal standards set forth in the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. The Tribunal ultimately remanded the case for a thorough examination of the charges, underscoring the necessity for justified disciplinary actions in public service. This case serves as a critical reference point in discussions about civil service regulations, the rights of public servants, and the need for transparent investigation procedures.
Court Service Tribunal, Sindh
Entities Involved Secretary Education Department, Government of Sindh
Judges MUNAWAR ALI KHAN (CHAIRMAN), TASNEEM AHMAD SIDDIQUI (MEMBER)
Lawyers Illahi Bux Kehar, Salman Ansari
Petitioners ATTA MUHAMMAD
Respondents PROVINCE OF SINDH
Citations 1991 SLD 315, 1991 PLC 444
Other Citations Not available
Laws Involved Sindh Civil Servants (Efficiency and Discipline) Rules, 1973
Sections 5