1996 PLP 736 (PLC(CS))

‑‑‑‑S.O. 15(3)‑‑‑Dismissal from service‑‑‑Employee serving as helper in a hotel was dismissed from service after holding enquiry against him on allegation that he misbehaved with lone lady guest who was a transit passenger‑‑‑Charge against employee not only was fully proved in enquiry, but employee had himself admitted same in reply to show‑cause notice issued to him‑‑‑Employee, in circumstances, was rightly dismissed from service for such a person could not be kept at a place like Airport Hotel where lonely lady passengers come to stay. M.L. Shahani for Appellant. Date of hearing: 23rd April, 1996. This appeal is directed against the decision of Fourth Sindh Labour Court, Karachi, dismissing the grievance petition of one Muhammad Arif a helper of Airport Hotel, for his reinstatement and back benefits etc.

2. The facts in brief are that one Asma Begum a transit passenger was returning from Saudi Arabia after performing Haj and she was to continue her journey to India. She had to wait for three hours at Quaia‑e‑Azam Airport Karachi and she was lodged at the Airport Hotel at about 7‑00 p.m. Appellant Muhammad Arif was on duty as Housekeeper. He misbehaved with the lone lady guest and committed rape on her. The lady resumed her journey leaving a written complaint. P.I.A. Officers after a preliminary enquiry suspended Muhammad Arif, served him with the show‑cause notice and appointed Enquire Officer. In reply to the show‑cause notice Muhammad Arif practically admitted the charge therefore no report was lodged with the Police and Enquiry Officcr was appointed and on completion of the enquiry in which Muhammad Arif was associated the appellant was dismissed from service. Complaint of Asma Begum and the reply of Muhammad Arif form part of the record of the enquiry. There was therefore no doubt regarding the incident having occurred during which Muhammad Arif had committed misconduct. The enquiry papers fully support the charge against Muhammad Arif. The learned Presiding Officer, Fourth Sindh Labour Court, therefore, recorded his findings that the misconduct had been committed by Muhammad Arif that the enquiry proceedings were fair and the dismissal was justified.

3. Mr. M.L. Shahani on behalf of the appellant has now tried to dispute the identity of the culprit but this point appears to have been raised before the Appellate Tribunal for the first time. The culprit had admitted the incident but blamed the lady for making him sit with her on her bed and later induced him of pressing her breast. This is the usual defence of such culprits who always abuse the lady of being sexy and making over true and wanting to have sexual inter course. In any case such a person cannot be kept at a place like Airport Hotel where lonely lady passengers also come to stay.

4. There is no substance in this appeal which is accordingly dismissed in limine. H.B.T./93/Lb.S Appeal dismiss.