| Case ID |
0c0cd523-bc57-4cf5-9eea-4632f1dcff39 |
| Body |
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| 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
|