| Case ID |
2b1f028c-6bf1-4fb4-885f-975f71b8b560 |
| Body |
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| Case Number |
Second Civil Appeal No. 506 of 1969 |
| Decision Date |
Oct 13, 1979 |
| Hearing Date |
Oct 07, 1979 |
| Decision |
The appeal was dismissed as the court found no merit in the grounds raised by the appellant. The court held that the appellant, Shafique Ahmad Malik, did not demonstrate that the decisions of the lower courts were contrary to law or that any substantial error had occurred in the procedural handling of the case. The reasons for dismissal included the lack of evidence showing that the first charge-sheet had been improperly withdrawn or that the appellant had been exonerated of the charges. The court emphasized that the inquiry conducted was valid and that the appellant had been given ample opportunity to defend himself during the proceedings. The judgment reinforced the importance of adherence to the procedural requirements set forth in the Government Servants (Efficiency and Discipline) Rules, 1960, particularly regarding the issuance and handling of charge-sheets. |
| Summary |
This case revolves around the appeal of Shafique Ahmad Malik against the decision of the lower courts concerning his reduction in rank from Head Clerk to Upper Division Clerk. The appellant argued that the charge-sheet against him was improperly handled and that he was not given adequate opportunity to defend himself. The Sindh High Court examined the procedural aspects of the inquiry conducted under the Government Servants (Efficiency and Discipline) Rules, 1960, particularly Rule 6, which governs inquiry procedures. The court noted that the first charge-sheet was withdrawn and a second charge-sheet was issued, a point of contention for the appellant, who claimed this invalidated the subsequent inquiry. However, the court found no merit in these arguments, stating that the appellant had not been exonerated by the withdrawal of the first charge-sheet and that the inquiry had been conducted appropriately. The decision emphasizes the importance of following established legal procedures in disciplinary actions against government servants, reinforcing the authority of the inquiry officer and the necessity of clear communication of allegations. The ruling serves as a significant precedent in clarifying the application of disciplinary rules and the rights of government employees in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
B. G. N. KAZI, J
|
| Lawyers |
Nooruddin Sarki,
Shakir Ali
|
| Petitioners |
SHAFIQUE AHMAD MALIK
|
| Respondents |
PAKISTAN
|
| Citations |
1981 SLD 2170,
1981 PLC 292
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1960
|
| Sections |
6
|