Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 12-A

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----R. 12-A---Date of birth of civil servant recorded at the time of joining Government service---Interpolations---Inquiry by competent authority---Rule 12-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 does not prohibit or restrain the competent authority from inquiring into cases where, on the face of it, certain interpolations are made by the civil servant in the service book, or where he provided incorrect date in the service record---In such a case, obviously, the correction may be made after due satisfaction and inquiry and each case has to be decided on its own facts and circumstances---Civil servant cannot plead that by all means, a wrong entry made in the service book should be treated sacrosanct or as gospel truth which could not be rectified in any circumstances, despite being found and proved to be incorrect, deceitful and or interpolated. Date of hearing: 27th September, 2022. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Civil Petition for leave to appeal is directed against the Judgment dated 21.09.2020, passed by the Sindh Service Tribunal at Karachi ("Tribunal"), whereby Service Appeal No.329 of 2020 filed by the petitioner was dismissed. 2. The transient facts of case are that the petitioner was appointed as Assistant Superintendent Jail (BS-14) in the year 1990. According to him, his date of birth was recorded as 01.01.1961 in the Service Book but in the provisional seniority list circulated by the Home Department on 15.06.2017, the date of birth of the petitioner was shown as 01.01.1958. The petitioner challenged this anomaly by filing a departmental appeal before the Home Department. The notification of retirement of the petitioner was issued on 27.10.2017, conveying his date of retirement as 31.12.2017. Meanwhile, the petitioner also submitted his grievance to the concerned Minister and, according to him, the opinion of the Law Department was also sought. Thereafter, his retirement notification was withdrawn vide another Notification dated 26.08.2019, however, vide Notification dated 22.1.2020, the Home Secretary kept the earlier…

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