| Case ID |
38500a7c-ee9d-404b-8c96-f6d500541992 |
| Body |
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| Case Number |
D-898 of 1994 |
| Decision Date |
Oct 07, 1995 |
| Hearing Date |
|
| Decision |
The constitutional petition was dismissed on the grounds that the petitioner, a civil servant, failed to substantiate his claims regarding the dismissal process. The court found that the authority had conducted an inquiry in which the petitioner participated and had provided him with show-cause notices. The court noted that disputed questions of fact were involved that could not be determined in constitutional jurisdiction. The petitioner’s claims of not receiving the inquiry report were contradicted by evidence indicating that he had access to it. Therefore, the court concluded that the dismissal was justified, and the petitioner should have pursued the matter through the Sindh Service Tribunal as per the amended provisions of the Sindh Service Tribunals Act, 1973. |
| Summary |
In the case of Muhammad Ali Mangi vs. SASO, the Sindh High Court addressed a constitutional petition challenging the dismissal of the petitioner from his position as District Agriculture Supplies Officer. The key issues revolved around the principles of natural justice and whether the dismissal was executed by a competent authority. The petitioner alleged that he was not given a fair opportunity to defend himself during the inquiry process. However, the court found that the necessary procedural steps, including show-cause notices and personal hearings, were followed. The ruling emphasized the importance of adhering to established rules and the proper channels for grievance redressal, directing that the petitioner should appeal to the Sindh Service Tribunal for further action. This case underlines the critical balance between administrative authority and the rights of civil servants in service matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Kamal Mansur Alam,
Abduct Hameed Dogar
|
| Lawyers |
Manzar Alam,
Abdul Ghani Shaikh,
Abdul Ghaffar Memon
|
| Petitioners |
Muhammad Ali Mangi
|
| Respondents |
others,
SASO
|
| Citations |
1996 SLD 763,
1996 PLC 1067
|
| Other Citations |
1994 SCMR 2232
|
| Laws Involved |
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
199
|