1978 PLP 471 (PLC(CS))
AKHTAR HUSSAIN ANJUM Versus PUNJAB ROAD TRANSPORT BOARD, LYALLPUR
| Citation | 1978 PLP 471 (PLC(CS)) |
| Forum / Court | High Court |
| Bench Members | Ch. Muhammad Sharif, Presiding Officer |
| Parties | AKHTAR HUSSAIN ANJUM Versus PUNJAB ROAD TRANSPORT BOARD, LYALLPUR |
Q1: What are the key laws and sections cited in 1978 PLP 471 (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1978 PLP 471 (PLC(CS))?
The case was heard and decided by the High Court bench comprising: Ch. Muhammad Sharif, Presiding Officer.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1978 PLP 471 (PLC(CS)) (AKHTAR HUSSAIN ANJUM Versus PUNJAB ROAD TRANSPORT BOARD, LYALLPUR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mirza Nazir Ahmad Naz for Petitioner.
- Saleem Chaudhry, A. T. M. for Respondent.
Headnotes / Summary
Industrial dispute‑ ‑‑ Dismissal due to misconduct‑Accused (Bus Conductor) charged for misappropriation of a few paisas‑Inquiry report indicating accused found innocent‑Show‑cause notice and dismissal order passed without taking into consideration findings of domestic enquiry Show‑cause notice, in circumstances held, could not be issued Dismissal order set aside and re‑instatement with back benefits awarded‑Industrial Relations Ordinance (XXIII of 1969) S. 25‑A.
Judgment & Decree
Petition No. 351‑P of 1977, decided on 25th July 1977 Industrial dispute‑ ‑‑ Dismissal due to misconduct‑Accused (Bus Conductor) charged for misappropriation of a few paisas‑Inquiry report indicating accused found innocent‑Show‑cause notice and dismissal order passed without taking into consideration findings of domestic enquiry Show‑cause notice, in circumstances held, could not be issued Dismissal order set aside and re‑instatement with back benefits awarded‑Industrial Relations Ordinance (XXIII of 1969) S. 25‑A. Mirza Nazir Ahmad Naz for Petitioner. Saleem Chaudhry, A. T. M. for Respondent. Akhtar Hussain joined the G. T. S. on 5‑11‑1974 as conductor. He was dismissed from service on 16‑31977 on account of misappropriation of a few paisas. He was charge‑sheeted and an inquiry was held against him. He was served with a show‑cause notice and subsequently was dismissed from service. The petitioner served the respondent with a grievance notice and then instituted his petition. The petitioner has brought on the file the charge‑sheet, written reply, the copy of the report, the above‑cause notice and the reply to the said show‑cause notice. The District Manager had personally heard the petitioner. It appears that the District Manager could not properly peruse the inquiry report submitted by the inquiry Officer, G. T. S., Ghulam Muhammadabad, Lyallpur. The copy of the inquiry report is Exh P‑6 which shows that the petitioner was found innocent and the prosecution had failed to make out a prima facts case against him. This in inquiry report was not considered and perused by the dismissing authority. No show-cause notice could be issued to the petitioner in view of the said inquiry report. I accept this petition and direct the re‑Instatement of the petitioner fn his service as conductor with no the hack benefits within seven days of this order. I matte no order as to costs. Petition accepted.