Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Appeal No. G. A. 160 of 1982/Pb., decided on 28th April, 1982.
‑‑-Ss. 25‑A & 38 (3)‑Grievance petition against dismissal for mis conduct‑WAPDA employee (Meter Reader) charged for receipt of illegal gratification ‑‑ Charge‑sheet served not within time ‑Domestic enquiry held in absence of accused ‑ Labour Court in circumstances, held, justified in accepting grievance petition.
Mien lqbal Khalid for Appellants.
Date of hearing : 12th April, 1982.
In the present appeal the decision, dated 7th February, 19 2 delivered by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala has been challenged, whereby the grievance petition of the respondent was accepted and the order of his dismissal was set aside. Back benefits were not given for the reason that the respondent was still holding the post and had not left the charge.
2. The allegation against the respondent was that he had received Rs. 400 as illegal gratification for the installation of a meter. On the report Exh. R. I of the Director Complaints and Investigation, WAPDA, dated 29th July, 1978 action was taken. The report was lodged in 1978 but the charge‑sheet was issued on 21st January, 1979. In the charge sheet it is not mentioned as to when the misconduct had come to the notice of the employer. Even in evidence it has not been shown that the charge‑sheet is within time. The charge‑sheet, therefore, was time‑barred. The complaint was lodged by Mukhtar Bibi upon which proceedings were started. No enquiry in the presence of the respondent was made as is evidence from the documents brought on the record of the lower Court. A No witness was examined in his presence, nor he was afforded opportunity to cross‑examine them. No opportunity of defence was given. In these circumstances, the lower Court was justified in setting aside the dismissal order. There is no force in the appeal, which is dismissed in limine.
A. E. Appeal dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer