| Case ID |
d8b03f88-b7be-4caf-bd59-fc5b93e26bf4 |
| Body |
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| Case Number |
Appeal No. 34 of 1983 |
| Decision Date |
Nov 28, 1983 |
| Hearing Date |
Nov 23, 1983 |
| Decision |
The appeal is accepted as the show-cause notice did not clearly define the misconduct and failed to mention a specific penalty. The appellant, an Assistant Registrar, was unjustly penalized for inefficiency under the guise of misconduct. The Tribunal emphasized that the right to a personal hearing was paramount and could not be denied without sufficient cause. The case is remitted for re-evaluation with proper notice and opportunity for the appellant to defend his position. |
| Summary |
In the case of MUSHTAK ALI KAZI vs. SECRETARY TO GOVERNMENT OF SIND, the Service Tribunal addressed an appeal regarding a penalty imposed for alleged misconduct. The appellant, serving as an Assistant Registrar, was penalized for inefficiency in recovering dues. The Tribunal found procedural flaws in the show-cause notice, which did not clearly state the allegations or the penalties involved. The decision underscored the importance of a personal hearing in disciplinary matters, reaffirming that the appellant was entitled to defend himself adequately. The judgment highlighted the distinction between misconduct and inefficiency, ultimately ruling that the penalty was not sustainable due to the lack of clarity and due process. This case serves as a critical reminder of the legal protections afforded to civil servants in disciplinary proceedings, ensuring that proper procedures are followed in the enforcement of service rules. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAK ALI KAZI (CHAIRMAN),
R. M. ISHAQUE MEMBER SULTAN AHMAD
|
| Lawyers |
Faiz Muhammad Soomro,
Hassan Akbar Addl. A.G.
|
| Petitioners |
MUSHTAK ALI KAZI
|
| Respondents |
SECRETARY TO GOVERNMENT OF SIND, LABOUR AND CO-OPERATION DEPARTMENT
|
| Citations |
1984 SLD 1120,
1984 PLC 357
|
| Other Citations |
Abdul Hamid v. The Province of West Pakistan P L D 1963 S C 460,
Zafar Muhammad Khan v. Islamic Republic of Pakistan P L D 1968 Lab. 416,
Sohrab Khan Kalwar v Secretary to the Government of Sind, Department of Food P L D 1980 S C 279
|
| Laws Involved |
Sind Civil Servants (Efficiency and Discipline) Rules, 1973,
Sind - Service Tribunals Act (XV of 1973)
|
| Sections |
2(4),
5(3),
4
|