| Case ID |
1e45a0bc-7cf6-4b9c-9ede-47b543c4925e |
| Body |
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| Case Number |
Appeal No. 59 of 1988 |
| Decision Date |
Feb 26, 1989 |
| Hearing Date |
|
| Decision |
The appeal of Abdul Rehman Channar was allowed, and the impugned order of withholding two annual increments was set aside. The Tribunal found that the prolonged suspension of over eight years was not justified under the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The authority failed to provide the appellant with necessary communication regarding his suspension and did not conduct timely proceedings. The inquiry proceedings were rendered invalid due to the omission of supplying the inquiry report to the appellant, violating the principles of natural justice. As a result, the findings of the Enquiry Officer could not be sustained. |
| Summary |
In the case of Abdul Rehman Channar vs The Secretary, Education Department, Government of Sind, the Service Tribunal addressed the prolonged suspension of the appellant, which lasted over eight years. The Tribunal highlighted that the suspension was arbitrary and capricious, as there was no legal basis for such an extended period without review or communication. The Tribunal emphasized the importance of adhering to the Sind Civil Servants (Efficiency and Discipline) Rules, 1973, which stipulate that any suspension must be reviewed quarterly. The authority's failure to communicate the suspension effectively or to finalize disciplinary proceedings led to a violation of the appellant's rights. The Tribunal concluded that the appellant's appeal was valid, and the impugned order was set aside, reinstating the principles of fairness and due process in administrative actions against civil servants. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Education Department, Government of Sind,
Bureau of Curriculum and Extension Wing
|
| Judges |
Munawar Ali Khan,
Mubeen Ahmad
|
| Lawyers |
Abdul Sattar Mughal
|
| Petitioners |
Abdul Rehman Channar
|
| Respondents |
Others,
The Secretary, Education Department, Government of Sind, Karachi
|
| Citations |
1989 SLD 1637,
1989 PLC 904
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Servants (Efficiency and Discipline) Rules, 1973,
Sind Service Tribunals Act (XV of 1973)
|
| Sections |
5,
4
|