Law:

Section:

Civil service- ---Disciplinary action -Mala fide-Official under orders of service Tribunal reinstated but placed under suspension next day-Charge of being absent on different dates and then continuously for about a month and also for manipulation of attendance register-Absence for different dates as alleged incharge-sheet already regularised as casual leave long before service of charge-sheet-Continuous absence for about a month alleged incharge-sheet not discovered by Officer incharge prior to service of charge-sheet-Findings of enquiry that "charge stands proved upto the hilt" not supported by any evidence -Despite objection of accused that Officer appointed as Enquiry Officer was not well-disposed towards him the department not appointing some one else to conduct enquiry-Departmental action, in circumstances, held, was mala fide both in fact and law-Appeal against resultant impugned penalty of compulsory retirement accepted by Service Tribunal setting aside the impugned order awarding reinstatement with back benefits including full pay and allowances for suspension period-Service Tribunals Act (LXX of 1973), S. 4. Habibur Rashid for Appellant. Niaz Ahmed Khan, Counsel for the State. Date of hearing : 14th November: 1983. JUDGMENT ABDUR RASHID (MEMBER).-In order to comprehend the present appeal properly, it is essential to .provide its background. The appellant, who was a confirmed time-keeper since 1963 was charged-sheeted by the Assistant Controller of Post Offices, Karachi. The charges were : First, that he was a habitual late comer. Second: that he submitted false medical bills to the tune of Rs. 2.092.80 out of which he was reimbursed Rs. 255.65 and third and last : that he was irresponsible and careless. As a result of the said charge-sheet which was served on him on 25th April, 1977, the appellant was removed from service vide order dated 7th July,. 1977 which was given retrospective effect from 20tb June, 1977. The P. M. G. Southern Circle, Karachi; while disposing of the departmental appeal of the appellant vide his letter dated 9th April, 1978, modified the order of removal to that of compulsory retirement w. e. f. 20th June, 1977. Thereafter the…

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