| Case ID |
4529f286-ebc3-473a-8a8d-ccc48ba04eab |
| Body |
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| Case Number |
325/409 of 1983 |
| Decision Date |
Feb 29, 1984 |
| Hearing Date |
|
| Decision |
The appeal was accepted, with the Tribunal concluding that the punishment of dismissal was excessively harsh. The appellant, Hamid Asghar, was found guilty of a lapse but with more than 30 years of unblemished service, the Tribunal varied the penalty to stoppage of two annual increments without future effect. The appellant's period of absence from service was treated as leave of kind due. The case highlighted the importance of a fair inquiry process and the presumption of innocence unless proven otherwise. |
| Summary |
In the case of Hamid Asghar versus The Deputy Commissioner, Rawalpindi, the Service Tribunal of Punjab dealt with disciplinary actions under the Punjab Service Tribunals Act (IX of 1974). The case revolved around a disciplinary charge against Asghar, a copy clerk, for alleged interpolation of revenue records for ulterior motives. The Tribunal's ruling emphasized the necessity of conducting a fair inquiry and the principle of presumption of innocence, particularly for employees with long, unblemished records. The decision to reduce the punishment reflects a balanced approach to disciplinary actions in public service, advocating for justice and fairness in administrative procedures. Key trends regarding disciplinary actions, public service, and employee rights were underscored in this case. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
ABDUL HAMID CHAUDHRY,
MIAN FAIZ KARIM
|
| Lawyers |
Riyasat Ali,
A. G. Humayun
|
| Petitioners |
HAMID ASGHAR
|
| Respondents |
THE DEPUTY COMMISSIONER, RAWALPINDI,
THE COMMISSIONER, RAWALPINDI DIVISION, RAWALPINDI
|
| Citations |
1984 SLD 1786,
1984 PLC 1263
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|