1607/2020 Const. P. Sardar Imdad Hussain Gorchani (Petitioner) V/S President N.B.P & Ors (Respondent)
Bench: Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
1607/2020 Const. P. Sardar Imdad Hussain Gorchani (Petitioner) V/S President N.B.P & Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Naimatullah Phulpoto(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 24-MAY-22
The legal position of the case is that dispensing with the regular inquiry and awarding two punishments i.e. downgrading and major penalty of dismissal from service, ought not to have been imposed upon the Petitioner at the same time when the charges were denied by the Petitioner. The principle of natural justice demands that the petitioner ought to have been heard on the allegations leveled against him; however, the respondent had chosen not to conduct the regular inquiry and simply relied upon the purported admission of the petitioner which was not called for in the above circumstances.