THE SINDH SUBORDINATE JUDICIARY

SERVICE TRIBUNAL, HIGH COURT OF SINDH AT KARACHI

Service Appeal No.04 of 2011

Appellant: Muhammad Ibrahim through Miss Shagufta Burney, Advocate

Respondent: District & Sessions Judge, Karachi West through Mr. Ali Safdar Depar, Asstt. Advocate General Sindh

Date of hearing: 28.09.2019

O R D E R

NAIMATULLAH PHULPOTO, J.—Appellant Muhammad Ibrahim has filed instant service appeal against impugned order dated 11.07.2005, passed by learned District and Sessions Judge, Karachi West, whereby appellant was dismissed from service.

2. Relevant facts in brief are that appellant was appointed as chowkidar in the office of District and Sessions Judge, Karachi West on 14.07.1994. During service, COC of the said Court assigned his duty at his house but he was not marked present in the attendance register. When appellant came to know about this fact, he refused to serve at the house of Ex.COC, namely, Mr. Irshad Shah and he made complaint to learned District Judge that appellant was not regular in his service and he was dismissed from service without hearing on 11.07.2005.

3. Learned counsel for appellant mainly contended that major penalty has been imposed upon the appellant without holding the regular inquiry and it was in violation of relevant law and rules and was also against the principles of natural justice. It is further contended that appellant was not provided opportunity of hearing to rebut the allegations. Learned counsel for appellant after arguing the appeal at some length does not press the same on merits and submits that appellant would be satisfied in case minor penalty is imposed upon him, mainly on the ground that the appellant is a poor person and father of five children, having no other source of income.

4. Mr. Ali Safdar Depar, learned A.A.G., in view of the circumstances of the case recoded no objection in case major penalty of the appellant of dismissal from service is converted to the minor penalty.

5. After hearing the learned counsel for the parties, while relying upon the case law reported as (i) Muhammad Haleem and another vs. General Manager (Operations) Pakistan Railways Headquarters, Lahore and others (2009 SCMR 339) (ii) Naseeb Khan vs. Divisional Superintendent, Pakistan Railways, Lahore and another (2009 PLC (CS) 19); and (iii) Tasleem Akhtar vs. Pakistan through Secretary Revenue, Islamabad and 3 others (2010 PLC 795), we are of the considered view, that circumstances of the present case required regular inquiry which has not been conducted. Case of the appellant is that he was serving at the house of COC with the consent of learned District & Sessions Judge concerned. Anyhow, appeal is not pressed on merits. In the above stated factual and legal position, we take the lenient view, for the reason that it is stated that the appellant is the father of five children; his children pass miserable life and cannot get education.

6. Resultantly, we allow this appeal in terms whereby converting major penalty of appellant’s dismissal from service to a minor one under sub-clause (ii) of clause (1) part (a) of Rule 4 of the Sindh Civil Servants (E and D) Rules, 1973, by withholding his annual increments for 3 years of his service and reinstate him in services. However, the intervening period from the date of dismissal till the appellant resumes his duty shall be considered towards his extraordinary leave without pay.

CHAIRMAN

MEMBER

Gulsher/PS