CHAIRMAN, MUNICIPAL COMMITTEE; TOBA TEK SINGH Versus YOUNAS MASIH

The ex parte decision dated 30‑10‑1985 has been challenge whereby the grievance petition of the respondent for as reinstatement in service has been accepted without back benefits.

2. The respondent was convicted and sentenced to two year R.I. for raking liquor. The punishment on appeal was reduced one year. The appellant on account of the respondent's convict removed him from service without issuing any charge‑sheet and holding enquiry. It has been argued that according to Efficiency and Discipline Rules of the appellant an employee who has been convicted a sentenced by a competent Court, can be removed from service without holding inquiry. It has not been shown that the appellant has its own statutory rules of service. So Standing Orders Ordinance, 1968 applies, according to Standing Order 15(4) of which, charge‑sheeting and holding of inquiry are necessary. '

3. It has been further argued that there was no justification in passing ex parte decision when the Sanitary Inspector was present with a letter of authority. Chairman was the party before the learned Lower Court, whereas the letter of authority had been issued in favour of the Sanitary Inspector by the Chief Officer. As no duly authorised person appear and requested for setting aside the ex parte proceedings, the learned lower Court was justified in passing ex parte decision.

4. As a result the appeal fails and is dismissed.

A.E./ 102/Lb.P ???????????????????????????????????????????????????????????????????????? Appeal dismissed.