Law:

Section:

Sind Service Tribunals Act (XV of 1973) S. 3(3) Question of termination of services of civil servant or imposition of any other penalty yet to be decided by authority No final order or effective order or passed requiring interference by High Court High Court will not exercise its discretion in entertaining such petition if idea is to circumvent law Constitution of Pakistan (1973), Art. 199 read with Art. 212. [Civil service]. ORDER MUSHTAK ALI KAZI, J. The petitioner is posed as a Senior Civil Judge in Karachi. The Acting Chief Justice, High Court of Sind, Karachi received a complaint from Secretary to Government, Home Department, dated December 28, 1976 regarding misconduct of the petitioner in the course of performance of the judicial functions and requested for necessary disciplinary action. The cases in question were scrutinized and in respect of two such cases show cause notices were issued to the petitioner by the Acting Chief Justice as authorised officer under the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The allegation with regard to the first charge was that the petitioner had admitted a suit in which the property involved was more than Rs. 3,20,000 and the property in question consisting of readymade garments was ordered to be delivered to the plaintiff. In the other charge the allegations were that an execution application in respect of decree for ejectment from residential house was ante dated straightaway the occupants were got evicted with police aid with the result that the ladies residing in the house had to be put to the street without any notice. 2. The Acting Chief Justice after hearing the petitioner decided that it was not necessary to have an enquiry conducted through enquiry officer as this could be dispensed with under rule 5(2) of the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. He accordingly made a reference to the Authority concerned recommending the petitioner's services to be terminated. Before any action could be taken by the Authority, that is, Martial Law Administrator, Zone C, the petitioner has moved this Constitutional Petition under Article 199 of the Constitution praying that the action…

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