| Case ID |
e144873d-2069-425e-9135-b201683c89b2 |
| Body |
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| Case Number |
Appeals Nos. 77 and 78 of 1986 |
| Decision Date |
Jun 21, 1987 |
| Hearing Date |
May 19, 1987 |
| Decision |
The Service Tribunal found that the inquiry conducted against the appellants, Saeed Ahmed and Syed Salimuddin, was flawed due to the lack of cross-examination of key witnesses and the failure to record important testimonies. The Tribunal emphasized that the right to cross-examine is a mandatory requirement under the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. Consequently, the Tribunal set aside the orders of compulsory retirement and remanded the cases back to the Department for a proper inquiry to be conducted in accordance with the law, ensuring the appellants' right to defense is upheld. The Tribunal mandated that the inquiry must be completed within three months, with the appellants remaining in suspension during this period. |
| Summary |
This case revolves around the compulsory retirement of two dispensers at the Civil Hospital Karachi, Saeed Ahmed and Syed Salimuddin, following allegations of misconduct related to the supply of stolen medical materials. The Service Tribunal scrutinized the procedural integrity of the inquiry that led to their retirement and found significant legal deficiencies, particularly regarding the right to cross-examine witnesses. The Tribunal's decision underscores the importance of adhering to legal protocols in disciplinary actions against civil servants to ensure fairness and justice. The case highlights key issues in administrative law, particularly the procedural safeguards necessary to protect the rights of civil servants during disciplinary proceedings. It serves as a precedent for future cases involving the enforcement of efficiency and discipline rules within civil service structures, emphasizing the critical nature of transparency and due process. The ruling not only reinstates the petitioners' rights but also sets a standard for future inquiries, stressing the necessity of thorough and fair investigations. Keywords: compulsory retirement, efficiency and discipline, legal infirmity, cross-examination, administrative law. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN,
DR. A.Q. QAZI,
MANZOORUL HAQ EFFENDI
|
| Lawyers |
Manzoor Ali Khan,
Rasheed Akhtar Qureshi
|
| Petitioners |
SYEED AHMED,
SYED SALIMUDDIN
|
| Respondents |
another,
MEDICAL SUPERINTENDENT, CIVIL HOSPITAL, KARACHI
|
| Citations |
1987 SLD 1371 = 1987 PLC 809
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Civil Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
R.6(2),
Rr.5(2) & 6(1), (2)
|