| Case ID |
3010bf29-eda8-4f6d-a463-e2d1be8e69e3 |
| Body |
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| Case Number |
Appeal No. 23 of 1987 |
| Decision Date |
Nov 23, 1988 |
| Hearing Date |
Oct 13, 1988 |
| Decision |
The appeal of Mr. Fasahat Ali Khan against the order of compulsory retirement was accepted. The tribunal found that the procedure followed during the enquiry was substantially complied with, but ultimately the evidence against the appellant was insufficient to warrant the penalty imposed. The solitary witness's testimony was deemed weak, and the tribunal decided to give the benefit of doubt to the appellant. The order of compulsory retirement was set aside, allowing the appellant to resume his duties while also permitting the department to conduct a fresh enquiry if necessary evidence became available. The period between the impugned order and the resumption of duties was directed to be treated as extraordinary leave without pay. |
| Summary |
In the case of Appeal No. 23 of 1987, the Service Tribunal of Sindh addressed the compulsory retirement of Mr. Fasahat Ali Khan, a lecturer at Liaquat Government College. The tribunal examined the legality of the enquiry process that led to his retirement, focusing on the adherence to the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The tribunal found that while the enquiry had procedural flaws, the evidence presented was inadequate to justify the severe penalty imposed on Mr. Khan. The crucial testimony from the only witness was insufficient, leading to the tribunal granting the appellant the benefit of doubt. Consequently, the tribunal annulled the compulsory retirement order and allowed Mr. Khan to return to his duties, though the department was permitted to initiate a fresh enquiry if further evidence could be procured. This case underscores the importance of due process and the necessity of substantial evidence in disciplinary actions against civil servants. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN,
CHAINNAN,
DR. A.Q. QAZI
|
| Lawyers |
Manzoor Ali Khan,
Ilmdad Hussain Kazi
|
| Petitioners |
Fasahat Ali Khan
|
| Respondents |
GOVERNMENT OF SIND through Chief Secretary and 2 others
|
| Citations |
1989 SLD 2113,
1989 PLC 318
|
| Other Citations |
Miss Saeeda Tasneem Ara v. West Pakistan P L D 1967 Lah. 112,
Maj Muhammad Nawaz v. Government of Pakistan P L D 1970 Lah. 811,
Lal Muhammad v. Government of Sind 1980 S C M R 850,
Ajmal Shah v. Government of N.-W.F.P. P L D 1982 Pesh. 165,
Maqsood Ahmed Shaikh v. Islamic Republic of Pakistan 1987 S C M R 1562
|
| Laws Involved |
Sind Civil Servants (Efficiency and Discipline) Rules, 1973,
Sind Service Tribunals Act (XV of 1973)
|
| Sections |
6(2),
4
|