Legal Case Summary

Case Details
Case ID 1a6b8e8f-e97a-4903-8524-708b90ae09d5
Body View case body.
Case Number Appeal No. 91 of 1989
Decision Date Jun 19, 1990
Hearing Date Jun 19, 1990
Decision The Sindh High Court addressed the appeal of Jamshed Hassan, who challenged his dismissal from service following a departmental enquiry. The court found that five out of nine allegations against him were substantiated, including unauthorized absence from duty and improper conduct. However, considering the appellant's young age and the potential long-term impact of a dismissal on his future employment, the court decided to convert the penalty from dismissal to removal simpliciter, thereby allowing him to seek future employment opportunities. The court also condoned the delay in filing the appeal, recognizing the hardships faced by the appellant and his family due to the stigma attached to his dismissal.
Summary This case revolves around the appeal of Jamshed Hassan against his dismissal from the service as a Nursing Attendant by the Police Surgeon, Karachi. The Sindh High Court reviewed the findings of the Enquiry Officer, who had substantiated five allegations against Hassan, including unauthorized absence and improper behavior. The court emphasized the importance of fair treatment in employment matters and acknowledged the implications of a dismissal on an individual's livelihood. Ultimately, the court modified the punishment to removal simpliciter instead of outright dismissal, thus enabling Hassan to pursue future employment opportunities. This case highlights key issues in civil servant discipline, procedural fairness, and the balance between accountability and opportunity for rehabilitation.
Court Sindh High Court
Entities Involved Not available
Judges JUSTICE (RTD) MUNAWAR ALI KHAN (CHAIRMAN), TASNEEM AHMAD SIDDIQ (MEMBER)
Lawyers Not available
Petitioners Jamshed Hassan
Respondents Police Surgeon, Karachi
Citations 1991 SLD 2252, 1991 KLR 65
Other Citations Not available
Laws Involved Not available
Sections Not available