A wrongfully terminated employee can be reinstated on the precedent of this judgment of Sindh Services Tribunal.
Citation Name : 2011
PLC 526 SERVICE-TRIBUNAL-SINDH
Side Appellant :
GOHRAM SOOMRO
Side Opponent :
SECRETARY, MINISTRY OF EDUCATION
S.
4---termination of
service---Appeal---Appellant who was appointed as High School Teacher (B-16) on
13-8-1995, continued to serve as school teacher in rural area for about nine
years, but all of a sudden his monthly salary was stopped---Appellant however
continued to serve the department, while three years thereafter on 28-4-2007,
he was verbally informed that he was no more a government servant on the ground
that he was a bogus employee; as his appointment was made on false/fictitious
documents---termination of the appellant
from service was not made through any written order---Not only any show-cause
notice was issued to the appellant, but detailed enquiry was also not conducted
in the matter---Appellant who continued receiving salary for not less than a
period of nine years without even being questioned, with the passage of a
decade in service, had acquired a very valuable right and if was thrown out of
job at that stage and his age, he could never get a like job elsewhere for
various reasons including the stigma of dismissal---Order of termination of the appellant, was void ab initio, illegal
and without jurisdiction---Appeal by the appellant was not hit by any
provisions of limitation as no time would run against order of termination
---Appellant in view of his long unblemished service had acquired a valuable
right---No fault was shown on the part of the appellant, but it lay entirely on
the authorities, who were either so careless or in a deep slumber for more than
9 years to learn about alleged irregularity in appointment of the
appellant---Authorities were directed to reinstate the appellant from the date
he was removed from service, with all back-benefits admissible under the law.
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