| Case ID |
224257e3-ac6d-49de-ab8f-11cf688c64fc |
| Body |
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| Case Number |
Appeal No. 1 of 1985 |
| Decision Date |
Aug 12, 1987 |
| Hearing Date |
Aug 12, 1986 |
| Decision |
The appeal of Khuda Bux Baloach against his dismissal from service was partly allowed. The Tribunal found that the dismissal did not conform to principles of natural justice as the punishment was disproportionate to the proven charges. Only one major charge was proved, which was related to writing an emotional letter to his superior, reflecting a lack of decorum. The Tribunal concluded that there was a possibility of mala fides in the initiation of charges against him, particularly considering his previously unblemished record. Consequently, the dismissal was replaced with a reduction in rank to Sub-Divisional Forest Officer in Grade-17 for a period of three years, allowing for restoration of rank and increments thereafter. |
| Summary |
This case revolves around the appeal of Khuda Bux Baloach, a Divisional Forest Officer, who was dismissed from service due to charges of misconduct and inefficiency. The Tribunal examined the context leading to his dismissal, focusing on the circumstances surrounding the charge-sheet served to him after he raised grievances about a malfunctioning jeep. The Tribunal noted that prior to raising his concerns, there was no record of misconduct. It highlighted the procedural flaws in the domestic inquiry and the lack of substantial evidence supporting the charges. Ultimately, the Tribunal found the punishment of dismissal to be excessive, suggesting that the true issue stemmed from his strained relationship with his superior. The decision to reduce his rank instead of complete dismissal was seen as more justifiable. This case underscores the importance of fair disciplinary procedures and the need for transparency in administrative actions against civil servants. Key terms include 'civil service', 'disciplinary action', 'mala fides', and 'natural justice', which are essential for understanding public service law and employee rights. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Sindh Public Service Commission,
Sindh Government,
Anti-Corruption Committee
|
| Judges |
DR. A. Q. QAZI,
MANZOORUL HAQ EFFENDI
|
| Lawyers |
Naimatullah Qureshi,
Abdul Ghafoor Mangi,
Abdul Rasheed Qureshi,
Abdul Saeed Khan Ghori
|
| Petitioners |
KHUDA BUX BALOACH
|
| Respondents |
PROVINCE OF SIND through Chief Secretary to Government of Sind, Karachi
|
| Citations |
1988 SLD 731,
1988 PLC 167
|
| Other Citations |
P L D 1981 S C 176
|
| Laws Involved |
Sind Service Tribunals Act, 1973,
Sind Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
4,
5
|