| Case ID |
2d2eddb8-e97b-45af-9286-8df166cc1366 |
| Body |
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| Case Number |
Appeal No. 115 of 1989 |
| Decision Date |
Jan 21, 1991 |
| Hearing Date |
Jan 21, 1991 |
| Decision |
The Sindh High Court decided to convert the penalty of removal from service imposed on Mr. Hashmat N. Oad into a minor penalty of censure. The court found that the major penalty was primarily due to alleged financial irregularities, which were not substantiated. The court noted that the appellant had been under suspension for an extended period and had not received any subsistence allowance. The court also highlighted procedural lapses where the appellant was not provided with a copy of the enquiry report or a final show-cause notice before the punishment was imposed. Therefore, the appeal was partly allowed. |
| Summary |
In the case of Appeal No. 115 of 1989, Hashmat Rai challenged his dismissal from service based on multiple charge sheets alleging financial irregularities. The Sindh High Court examined the procedural flaws in the dismissal process, noting that the appellant was not provided with necessary documents and notices. After a prolonged period of suspension and legal battles, the court ultimately ruled in favor of the appellant, converting the severe penalty of removal into a lesser penalty of censure. This decision highlights the importance of due process and fair treatment in disciplinary actions within governmental services. The case underscores significant keywords such as 'due process', 'financial irregularities', 'disciplinary actions', and 'service tribunal', making it relevant in discussions about administrative law and employee rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
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| Judges |
Justice (RTD) Munawar Ali Khan (Chairman),
Ghulam Mujadid Isran (Member)
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| Lawyers |
Not available
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| Petitioners |
Hashmat Rai
|
| Respondents |
Another,
The Chief Secretary
|
| Citations |
1991 SLD 2203 = 1991 KLR 120
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| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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