| Case ID |
16bb0545-ee20-4558-9156-31289d8c62a0 |
| Body |
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| Case Number |
Appeal No. 35 of 1987 |
| Decision Date |
Mar 22, 1988 |
| Hearing Date |
|
| Decision |
The tribunal concluded that the appellant, Amir Ghani, was dismissed from service based on habitual absenteeism and the unproven charge of sodomy. Considering his long service of 12/13 years, his young age, and family responsibilities, the tribunal altered the punishment from dismissal to compulsory retirement. This decision reflects a balanced approach, taking into account both the misconduct and the appellant's personal circumstances. The judgment emphasizes the distinct standards of proof required in criminal cases versus departmental inquiries, highlighting the importance of an employee's reputation in service-related matters. |
| Summary |
In the landmark case of AMIR GHANI vs. DEPUTY INSPECTOR-GENERAL OF POLICE KOHAT RANGE, KOHAT and another, the Service Tribunal of the North-West Frontier Province adjudicated on Appeal No. 35 of 1987, delivering its verdict on March 22, 1988. The appellant, Amir Ghani, a dedicated service member with over 12 years of tenure, challenged his dismissal under the North-West Frontier Province Service Tribunals Act of 1974, specifically invoking Section 4 which pertains to dismissal for misconduct. The core allegations against Ghani included habitual absenteeism and an unsubstantiated charge of sodomy. During the proceedings, it was revealed that Ghani, alongside his colleague Mir Abbas, had been kidnapped in 1986 but were later suspended without charges being filed against the alleged perpetrator, Faizullah S/o Abdullah Jan, an influential individual. The tribunal meticulously examined the evidence, noting the lack of proof regarding the sodomy charge due to the victim's absence during the enquiry, thereby deeming the charge unproven. Additionally, Ghani's pattern of absenteeism was well-documented, reinforcing the case for misconduct. However, recognizing Ghani's long service, young age, and family responsibilities, the tribunal exercised judicial discretion to mitigate the initial punishment. Contrary to outright dismissal, the tribunal imposed compulsory retirement, balancing the punitive measures with humanitarian considerations. This decision underscores the nuanced application of departmental laws, differentiating the standards of proof in criminal versus departmental settings. The tribunal's judgment, presided over by MALIK MUHAMMAD PARVEZ KHAN and SAHIBZADA MUHAMMAD FARIDOON, sets a precedent in administrative law, highlighting the importance of fair procedure and proportionality in disciplinary actions within government services. |
| Court |
Service Tribunal, North-West Frontier Province
|
| Entities Involved |
Faizullah S/o Abdullah Jan
|
| Judges |
MALIK MUHAMMAD PARVEZ KHAN,
SAHIBZADA MUHAMMAD FARIDOON
|
| Lawyers |
Atiq-ur-Rehman Qazi,
Mustafa Gul
|
| Petitioners |
AMIR GHANI
|
| Respondents |
another,
DEPUTY INSPECTOR-GENERAL OF POLICE KOHAT RANGE, KOHAT
|
| Citations |
1988 SLD 622,
1988 PLC 363
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act (I of 1974)
|
| Sections |
S.4
|