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1989 PLC 243

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAY vs KHUDA BAKHSH

Citation1989 PLC 243
CourtLabour Appellate Tribunal
Case No.Petition No, MN.367 of 1988/<p>Pb.
Date1988-07-26
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultPetition dismissed

' The revision captioned above reports that the order dated 24-4-1988 whereby the learned Punjab Labour Court No, 9, Multan has suspended the suspension order is without jurisdiction and of no legal effect.

2. The facts are that a report was made against the respondent that the petitioner allowed a person to travel in the train without purchasing ticket. A departmental action was taken and simultaneously the case was reported to the Police. The respondent was censured by way of taking departmental action. Thereafter, the Railway Ministry accorded sanction for prosecution and for this reason the respondent was suspended. The respondent has challenged his suspension order before the learned lower Court. Sanction for prosecution is dated 11-1-1988 whereas the respondent has been released on bail somewhere in 1985. According to the rules the employee can be suspended if he is under arrest. Since the respondent had already been bailed out, prima facie the suspension order was not justified. In these circumstances the impugned order whereby the order of suspension has been suspended does not appear to be against any rule.

3. As a result the revision fails and is dismissed.

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