| Case ID |
260ebc4a-8874-4001-a2aa-f13da0125bbc |
| Body |
View case body. Login to View |
| Case Number |
C.P. No.D-2377 of 2006 |
| Decision Date |
Dec 04, 2007 |
| Hearing Date |
|
| Decision |
The court upheld the removal of the petitioner from service based on allegations of misconduct involving theft. The petitioner was found to have been caught red-handed while stealing items from the Duty Free Shop at the International Airport. The court determined that the employer acted within its rights and that the inquiry conducted was proper, giving the petitioner sufficient opportunity to defend himself. The nature of the misconduct was deemed serious, justifying the penalty of removal from service. The court concluded that the removal was proportionate to the act committed, which constituted serious misconduct under the applicable laws. |
| Summary |
In the case of C.P. No.D-2377 of 2006, decided by the Sindh High Court on December 4, 2007, the petitioner, Syed KASHIF RAZA, was removed from his position by P.I.A. CORPORATION following allegations of theft. The petitioner was accused of being caught stealing items from the Duty Free Shop at Dubai International Airport. The court analyzed the procedures followed during the inquiry and the evidence presented. It was concluded that the inquiry was fair and the petitioner was given adequate opportunity to respond to the charges against him. The petitioner admitted to the theft in his own handwriting, which significantly influenced the court's decision. The court ruled that the removal was justified under the Sindh Removal from Service (Special Powers) Ordinance, 2000, and upheld the employer's right to enforce disciplinary action in cases of serious misconduct. This case highlights the importance of procedural adherence in employment law and the implications of misconduct in the workplace. Keywords such as 'employment law', 'misconduct', 'theft', 'disciplinary action', and 'removal from service' are central to understanding the legal principles at play. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNIB AHMAD KHAN,
DR. RANA MUHAMMAD SHAMIM
|
| Lawyers |
Shabir Ahmed Awan,
Shahid Anwar Bajwa
|
| Petitioners |
Syed KASHIF RAZA
|
| Respondents |
P.I.A. CORPORATION and others
|
| Citations |
2008 SLD 1268,
2008 PLC 589
|
| Other Citations |
1997 SCMR 1073,
2007 PLC (C.S.) 81,
2002 SCMR 692,
1993 SCMR 1440,
2001 SCMR 934,
2003 PLC (C.S.) 7,
2002 TD 331,
PLD 1981 SC 225,
PLD 1996 SC 787,
1975 SCMR 46,
2003 PLC (SC) 1247
|
| Laws Involved |
Sindh Removal from Service (Special Powers) Ordinance, 2000,
Constitution of Pakistan, 1973
|
| Sections |
3,
5,
6,
10,
199
|