| Case ID |
2aeb2e7d-ed80-4239-9afa-c196587fbd36 |
| Body |
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| Case Number |
Appeal No-57 of 1986 |
| Decision Date |
Mar 05, 1987 |
| Hearing Date |
Mar 02, 1987 |
| Decision |
The appeal filed by Bakht Ali was allowed by the Tribunal, which found that the process of enquiry conducted against him was flawed. The Tribunal noted that the appellant was not associated with the enquiry and was condemned unheard, violating the principles of natural justice. The original dismissal order was based on findings from an enquiry that was not properly conducted as mandated by the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The Tribunal set aside the dismissal order and remanded the case back to the Authorised Officer for a fresh proceeding in accordance with the rules, ensuring that the appellant's rights are respected in the process. |
| Summary |
In the case of Bakht Ali vs. Deputy Commissioner, Nawabshah, the Service Tribunal, Sindh addressed serious procedural violations in the disciplinary action against Bakht Ali, a Tapedar dismissed from service. The Tribunal emphasized the importance of adhering to the Sind Civil Servants (Efficiency and Discipline) Rules, 1973, particularly Rule 5, which outlines the procedures for issuing show-cause notices and conducting enquiries. The Tribunal found that Bakht Ali was not given a fair opportunity to defend himself during the enquiry process, as he was not associated with the enquiry conducted by the Assistant Commissioner. This led to the conclusion that the dismissal order was fundamentally flawed and unsustainable. The Tribunal's decision to set aside the dismissal order and remand the case for proper proceedings highlights the critical role of due process in administrative justice. This case serves as a significant precedent for ensuring that civil servants are afforded their rights and that disciplinary actions are conducted fairly and transparently. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN (CHAIRMAN),
DR. A.Q. QAZI,
MANZOORUL HAQ EFFENDI
|
| Lawyers |
Naimatullah Qureshi,
Rasheed Akhtar Qureshi
|
| Petitioners |
BAKHT ALI
|
| Respondents |
another,
DEPUTY COMMISSIONER, NAWABSHAH
|
| Citations |
1987 SLD 1321,
1987 PLC 741
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
R.5
|