| Case ID |
36e57570-3dc6-4e2b-82ed-16ce6819b1f8 |
| Body |
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| Case Number |
Appeal No. 43 of 1987 |
| Decision Date |
May 26, 1988 |
| Hearing Date |
Apr 28, 1988 |
| Decision |
The case revolves around the appeal of Musarrat Jahan against her dismissal from service. Initially, disciplinary action was initiated against her due to unauthorized absence and leaving for India without proper leave. The Tribunal acknowledged her clean service record over ten years and her significant personal circumstances, including being the sole breadwinner for her family. The extreme penalty of removal was deemed too severe, and thus it was reduced to withholding three annual increments without cumulative effect. The appeal was dismissed with this modification in penalty, emphasizing the need for fairness in disciplinary actions within government service. |
| Summary |
This case highlights the complexities of disciplinary actions within the Sindh government service, particularly when the accused is a young woman in a male-dominated environment. Musarrat Jahan, a senior clerk, faced severe disciplinary action for alleged unauthorized absence and leaving the country without proper leave. The tribunal recognized her long-standing clean service record and personal hardships, including her role as the primary earner for her family. The judgment serves as a reminder of the importance of proportionality in penalties and the consideration of personal circumstances in administrative decisions. This case is crucial for understanding employee rights and the legal frameworks surrounding disciplinary procedures within government institutions. Keywords: Sindh Service Tribunal, disciplinary action, employee rights, government service, legal frameworks. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN,
DR. A. Q. QAZI,
DARGAHI L. MANGI
|
| Lawyers |
Abdul Sayeed Khan Ghori,
Abdul Ghafoor Mangi, A.-A.G.
|
| Petitioners |
MUSARRAT JAHAN
|
| Respondents |
2 others,
THE SECRETARY, LABOUR AND COOPERATION DEPARTMENT, GOVERNMENT OF SIND
|
| Citations |
1988 SLD 1305,
1988 PLC 735
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Service Tribunals Act
|
| Sections |
4
|