| Case ID |
268be541-5a95-419d-83ce-ba2e9e2805c9 |
| Body |
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| Case Number |
Appeal No. 306 of 1999 |
| Decision Date |
Dec 05, 2003 |
| Hearing Date |
Sep 02, 2003 |
| Decision |
The appeal was dismissed by the Federal Service Tribunal. The Tribunal held that the appellant's major penalty of dismissal from service was justified. The Tribunal found that the charges against the appellant were based on admitted facts, and no useful purpose would be served by conducting a regular inquiry. The appellant was charge-sheeted for inefficiency, negligence, and misconduct, and he had admitted to having caused a financial loss to the government. The panel of judges concluded that the inquiry was not necessary given the nature of the charges, which were supported by documents and admissions made by the appellant. The Tribunal also addressed the issue of authority in imposing the penalty and confirmed that the Managing Director acted within his rights in this case. Thus, the Tribunal found no irregularity in the proceedings and upheld the punishment imposed on the appellant. |
| Summary |
In the case of Skandar Ali versus the Managing Director of the Sindh Agricultural Supply Organization, the Federal Service Tribunal of Karachi reviewed the appeal against the dismissal of the appellant from service. The appellant was charged with inefficiency and misconduct related to financial discrepancies amounting to over Rs. 8 million. The Tribunal emphasized that the appellant's admissions and actions, including partial repayment of the embezzled amount, constituted a confession of guilt. The case underlined the importance of adhering to the Sindh Service Tribunals Act, 1973, and the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. The Tribunal found that the dismissal was warranted based on the evidence and that the procedural requirements for an inquiry were not applicable due to the nature of the charges. The decision highlights the Tribunal's commitment to upholding discipline within civil service and ensuring accountability for misconduct. |
| Court |
Federal Service Tribunal, Karachi
|
| Entities Involved |
Government of Sindh,
Sindh Agricultural Supply Organization
|
| Judges |
Mr. Justice (RTD.) Abdul Ghani Shaikh,
Nur Ahmad Shah
|
| Lawyers |
Mr. Rasool Bux Unar,
Mr. Moula Bux Khoso,
Mrs. Tabbassum Ghazanfar
|
| Petitioners |
Skandar Ali
|
| Respondents |
Respondent No. 4,
Managing Director, Sindh Agricultural Supply Organization Government of Sindh Karachi
|
| Citations |
2004 SLD 3785,
2004 PLJ 250
|
| Other Citations |
1990 SCMR 1701,
NLR 1990 (TD) 236,
1985 PLC (C.S.) 188,
1985 PLC (C.S.) 366,
1980-SCMR 850,
PLD 1971 SC 176,
2000 SCMR 886,
PLD 1994 SC 222,
2003 SCMR 41
|
| Laws Involved |
Sindh Service Tribunals Act, 1973,
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
4,
5(3),
5(6)
|