| Citation(s) |
|---|
| 2012 SLG 1573 2012 SLD 1573 2012 SCMR 1492 |
Supreme Court of Pakistan
C.P.L.As. Nos.115-K and 156-K of 2012, decision dated: 20-06-2012 (On appeal from judgment of the Sindh Service Tribunal, Karachi dated 12-3-2012 passed in Appeal No.20 of 2011)
ANWAR ZAHEER, JAMALI AND MUHAMMAD ATHAR SAEED, JJ
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C.P.L.As. Nos.115-K and 156-K of 2012, decision dated: 20-06-2012 (On appeal from judgment of the Sindh Service Tribunal, Karachi dated 12-3-2012 passed in Appeal No.20 of 2011)
ANWAR ZAHEER, JAMALI AND MUHAMMAD ATHAR SAEED, JJ
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MANZOOR HUSSAIN SHEIKH and others
VS
PROVINCE OF SINDH through Chief Secretary and others
Law:
Section:
Removal from Service (Special Powers) Sindh Ordinance (IX of 2000)-------S. 3---Constitution of Pakistan, Art.212(3)---Registration Act (XVI of 1908), S. 87---Sub-Registrar (petitioner) in violation of statutory provisions and rules regarding territorial limits accepted thirty documents of conveyance pertaining to lands---Show cause notice was issued to the Sub-Registrar and in his reply he categorically conceded to such fact, but attempted to seek protection of S.87 of the Registration Act, 1908, claiming his misconduct as a mere irregularity, which could be cured---Registration authorities dismissed the Sub-Registrar from service and his appeals before the Board of Revenue and the Service Tribunal were dismissed---Validity---Although, in view of S.87 of the of the Registration Act, 1908, the irregularity committed by the Sub-Registrar was curable with the indulgence or discretion of higher authorities, but said provision did not empower him to do such an illegal act---Past service record of the Sub-Registrar was full of mischief and misconduct and on several occasions he was punished by the competent authority---Competent authority had taken all the legal and procedural steps to ensure fair opportunity of hearing to the Sub-Registrar and in his reply he even admitted his guilt constituting misconduct---Petition for leave to appeal was dismissed, in circumstances. Shoa-un-Nabi, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Petitioners (in C.P. No.115-K of 2012). Adnan Karim, A.A.-G. (Sindh) for Petitioners (in C.P. No.156-K of 2012). Adnan Karim, A.A.-G. (Sindh) for Respondents (in C.P. No.115-K of 2012). Shoa-un-Nabi, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Respondents (in C.P. No.156-K of 2012). Date of hearing: 20th June, 2012. JUDGMENT ANWAR ZAHEER JAMALI, J.---The above titled two petitions, first one at the instance of Manzoor Hussain Sheikh and the other at the instance of Province of Sindh and others, arise out of common judgment dated 12-3-2012 passed by Sindh Service Tribunal Karachi ("the Tribunal") in Appeal No.20 of 2011, whereby service appeal of the petitioner Manzoor Hussain Sheikh was…
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