Law:

Section:

Sindh Civil Servants (Efficiency & Discipline) Rules, 1973-- ----R. 4(1)(b)(iii)--Sindh Service Tribunals Act, 1973, S. 3-B--Constitution of Pakistan, 1973, Art. 212--Leave to appeal--Removal from service--Major penalty--Determination--Question of--Charge of misconduct--Charge could not be established without recording evidence and providing a proper opportunity to the civil servant to cross examine the witnesses and also produce evidence in defence, dispensation of regular inquiry is not justified except in extraordinary circumstances--Factual controversy regarding knowledge of order of High Court could not be ascertained without recording statements of concerned officials of Court or tenant or his counsel, as case may be with right of cross examination to appellant and thus in absence of such an evidence, knowledge of the order of High Court could not be attributed to the appellant--Law is that except in special circumstances, in departmental proceedings procedure of regular inquiry should be followed to prove the charge of misconduct which may have the consequence of major penalty of dismissal or removal from service and such an inquiry may not be dispensed with in normal circumstances--Held: Removal of civil servant from service, passed by the competent authority, is set aside and he is reinstated in service with observation that competent authority, if so desires, hold a proper inquiry against civil servant within four months and pass appropriate order in accordance with law--Civil servant shall be deemed to have been reinstated in service with all back benefits--Appeal allowed. Judgment Muhammad Nawaz Abbasi, J.--This appeal by leave of the Court has been directed against the judgment dated 3.5.2006 passed by Sindh Subordinate Judiciary Service Tribunal (hereinafter to be called "the Tribunal") established under Section 3-B of Sindh Service Tribunals Act, 1973, whereby the appeal filed by the appellant against his removal from service under Rule 4(1)(b)(iii) of Sindh Civil Servants (Efficiency & Discipline) Rules, 1973, (hereinafter to be referred as `the Rules'), was dismissed. 2. The appellant, while serving as Senior Civil Judge, Karachi South,…

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