| Case ID |
216a36f8-79b2-4c3f-a8a4-b1733160de37 |
| Body |
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| Case Number |
Appeal No. 58 of 1987 |
| Decision Date |
May 26, 1988 |
| Hearing Date |
May 26, 1988 |
| Decision |
The tribunal found that the inquiry against the appellant was conducted in his absence, violating mandatory procedural requirements. The appellant was not given the opportunity to cross-examine witnesses, leading to the conclusion that the inquiry was flawed. Consequently, the punishment imposed was deemed unsustainable, and the case was remanded back to the Authorised Officer with instructions to allow the appellant to cross-examine witnesses and proceed according to the established rules. |
| Summary |
In this case, the Service Tribunal of Sindh addressed the appeal of DIN MUHAMMAD against a compulsory retirement order issued by the Deputy Director Health Services. The appellant faced multiple charges, of which he was found guilty on two counts involving misconduct and forgery. The tribunal underscored the importance of due process, noting that the inquiry was conducted without the appellant's presence, thereby infringing on his rights. The decision emphasizes the necessity for compliance with procedural norms in disciplinary proceedings, ensuring fairness and justice. This case highlights the critical role of legal representation and the right to cross-examine witnesses in maintaining the integrity of the inquiry process. Keywords: compulsory retirement, disciplinary proceedings, legal representation, due process, inquiry, Sind Service Tribunal. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN (CHAIRMAN),
DR. A. Q. QAZI (MEMBER-I),
DARGAHI L. MANGI (MEMBER-II)
|
| Lawyers |
Raiz Hussain Balouch,
Abdul Saeed Khan Ghori
|
| Petitioners |
DIN MUHAMMAD
|
| Respondents |
2 others,
REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, KARACHI DIVISION, KARACHI
|
| Citations |
1988 SLD 1303,
1988 PLC 733
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Service Tribunals Act (XV of 1973),
Sind Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
4,
6(2)
|