Law:

Section:

Sind Civil Servants (Efficiency and Discipline) Rules, 1973--- -- Rr. 5, proviso & 8 (b)-Action without show cause and defence opportunity-Rule 5, proviso applicable in case interest of security of Pakistan or any part thereof involved-Rule 8 (b) envisages a situation where service of show-cause notice not practicable­-Police Official allegedly guilty of subversive activities-Order of removal from service without show-cause notice passed under r. 8 (b) stating "was reasonably engaged in subversive activities and his retention in service was a great risk and that competent authority was satisfied that it was not necessary to give an opportunity of showing cause"-No suggestion that official had gone underground or became untraceable or whereabouts could not be traced-Risk involved in retention in service, held, distinct from risk involved in giving notice--­Such order passed specifically under r. 8, held, could have been passed only in existence of circumstances of impracticability of service of notice-Plea that order be treated having been passed under r. 5, proviso, held, not acceptable in existence of specific reference of r. 8 in impugned order-Impugned order, in circumstances, held, suffered from serious infirmity and not sustainable. JUDGMENT GHULAM RASOOL SHAIKH (CHAIRMAN).--This is an appeal under section 4 of the Sind Service Tribunals Act, 1973 against the removal from service. The appellant was officiating Sub-Inspector of Police in the Special Branch. There was an allegation against him that he was engaged in subversive activities and therefore, his retention in service was a great risk. On the basis of that allegation he was discharged from service with effect from 24-4-1975 by order passed by the Deputy Inspector-General of Police, Special/Crime Branch, Sind, Karachi. Aggrieved by this the appellant filed an appeal to the Inspector-General of Police Sind. The appeal was allowed on the ground that the Deputy Inspector-General of Police was the appellate authority and the order in case of the appellant could only be passed by the appointing authority who was the Superintendent of Police. Consequently the order was set aside and direction was…

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