| Case ID |
4150f976-aa37-4a37-85e0-c6ac2d396e08 |
| Body |
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| Case Number |
319/195 of 1385 |
| Decision Date |
Jan 27, 1986 |
| Hearing Date |
|
| Decision |
The penalty of dismissal from service is modified to that of 'compulsory retirement'. The appeal is accepted to the above extent and the impugned orders are modified accordingly. The appellant was found guilty based on a proper enquiry report, despite his claims of a lack of representation and opportunity to present witnesses. The court considered the length of service of the appellant, which was 19 years, and deemed the initial punishment harsh. There is no order as to costs. |
| Summary |
This case revolves around the appeal of Khushal Khan, an ex-Field Assistant in Agriculture, challenging the dismissal from service due to allegations of misconduct including misappropriation and inefficiency. The Service Tribunal examined the enquiry process which led to his dismissal and recognized that while the appellant was given opportunities to defend himself, he did not participate adequately. The tribunal ultimately modified the penalty to compulsory retirement, considering the appellant's lengthy service. This case highlights the importance of fair representation and due process in disciplinary actions against civil servants. Keywords: dismissal, compulsory retirement, service tribunal, misconduct, Punjab Service Tribunals Act, civil servant rights. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Lal Khan Baloch,
A.G. Humayun
|
| Petitioners |
Khushal Khan
|
| Respondents |
2 others,
EXTRA-ASSISTANT DIRECTOR, AGRICULTURE, JHANG
|
| Citations |
1987 SLD 968,
1987 PLC 60
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|