1981 PLP 843 (PLC(CS))

‑‑‑‑ Bus Conductor charged on basis of raid‑Charge‑sheet and appointment of Enquiry Officer and dismissal order by same Officer who headed raiding party.‑Charge‑sheet or dismissal order issued under orders and approval of competent authority, held, not exceptionable. Pakistan Engineering Co. Ltd. v. Muhammad Shareef 1978 P L C. 47 distinguished. Azmatullah Khan for Appellant. A. Majeed for Respondent. Date of hearing : 31st March, 1980. This appeal is directed against a decision by the Sixth Labour Court given on 15th August, 1979, holding the dismissal of the respondent workman as illegal and directing the appellant‑Corporation to re‑instate him with full back benefits. The sole ground on which the impugned decision has been given is that in the view of the learned Labour Court the same person headed the checking party, which is alleged to have detected the fraud and misappropriation said to have been committed by the respondent, and to have also issued the charge‑sheet appointed the Enquiry Officer and dismissed the respondent workman. It is evident that the learned Labour Court was labouring under some misconception. No doubt, the charge‑sheet and the dismissal orders have been signed by Qadar Bux, the District Manager, who headed the checking party than inspected the bus and the tickets of the respondent, but as is clear from the report for which appears at page 35 of the learned Labour Court's record, the orders for the suspension and the charge‑sheeting of the respondent have been passed by the Chairman of the appellant corporation and the District Manager, Qadar Bux, merely carried out the orders by signing the charge‑sheet and the orders suspending the respondent. It is also not clear from the record whether the appointment of the enquiry officer or the orders of dismissal were issued by the District Manager, Qadar Bux on his own authority or upon the directions of his superior officer. If the later position be correct, obviously the observation of the learned Labour Court that the District Manager Qadar Bux was judge in his own cause would not be correct. The decision in the case of Pakistan Engineering Co., Ltd. v. Muhammad Shareef (1978 P L C 47), relied upon by the learned Labour Court in support of the view taken by it, is on a different point and strictly speaking is not applicable to the facts of the present case. The reported decision is based upon the provisions of clause (4) of Standing Order 15, that the employer must institute/independent enquiries. This provision, thus, excludes the appointment of an Enquiry Officer who has personal knowledge of the incident.

2. For the reasons stated above, I would set aside the impugned order of the learned Labour Court and remand the case to it with the direction to decide all the issues involved in the case, including the fact whether the orders of dismissal were passed by the District Manager, Qadar Bux, on his own authority or on instructions from a higher authority. Case remanded.