| Case ID |
dce66d79-7203-4d8f-9e50-475d75292f86 |
| Body |
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| Case Number |
Appeal No. 82 of 1990 |
| Decision Date |
Oct 28, 1991 |
| Hearing Date |
Oct 22, 1991 |
| Decision |
The Service Tribunal ruled that the imposition of a minor penalty of censure on the civil servant was not sustainable. The tribunal found that neither a copy of the enquiry report was supplied to the civil servant nor was a final show-cause notice given. Additionally, the specific charge against the civil servant, which led to his deemed guilt, was overlooked by the departmental authorities during the penalty imposition. The tribunal set aside the minor penalty of censure, allowing the authority the option to proceed afresh against the civil servant in accordance with the provisions of the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. |
| Summary |
This case revolves around the disciplinary proceedings against a civil servant under the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. The tribunal found that the procedure followed in imposing a minor penalty of censure was flawed, primarily due to the lack of proper notification and the absence of a clear finding by the Enquiry Officer regarding the charges. This ruling emphasizes the importance of due process in disciplinary actions within civil services, ensuring that civil servants are afforded their rights to a fair hearing and proper communication of charges. Key trending keywords include 'Sindh Civil Servants', 'disciplinary proceedings', 'due process', and 'administrative justice'. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN,
GHULAM MUJADDID ISRAN,
ALLAUDDIN SABIR
|
| Lawyers |
Abdul Sattar Mughal,
Hayat Qureshi
|
| Petitioners |
GHULAM NABI BALOCH
|
| Respondents |
GHULAM NABI BALOCH
|
| Citations |
1992 SLD 911,
1992 PLC 678
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
R. 4
|