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. RI-166 of 1979, decided on 14th July, 1984.
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----
----S.O.15-- Dismissal from service for misappropriation---Respondent accused of five charges-Found guilty by Enquiry Officer on four counts--Dismissal from service---Court finding only two charges established against respondent holding that dismissing authority was prejudiced while determining quantum of dismissal Employee reinstated in--- service without back benefits.
Syed Noor Ahmad for Appellant.
M. Aslam Malik for Respondent.
Date of hearing: 7th July, 1982.
This appeal arises from the decision dated 14-2-1979 passed by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi, whereby the grievance petition of the respondent; was accepted and, he was directed to .be reinstated in service without back benefits.
2. The allegations against the respondent were that he had realised fare from five passengers but had not Issued tickets to them and had in his possession excessive cash of Rs.28. The remaining charges were to the effect that neither the respondent had realised fare; nor had issued tickets to the other passengers. As the respondent has committed only two misconducts, whereas according to the charge sheet and the enquiry report, he had committed misconduct on four counts, the dis missing authority was obviously prejudiced while determining the quantum of dismissal. He considered that the respondent had committed four offences, therefore, he should not be spared. If he had been charge- sheeted for committing two misconducts, the possibility cannot be excluded that the dismissing authority may have prescribed some other punishment but not dismissal. In these circumstances, the respondent was rightly directed to be reinstated in service by the learned trial Judge without back benefits. There is no force in the appeal, which is dismissed.
M. I.
Appeal dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer