| Citation(s) |
|---|
| 1985 SLG 1522 1985 SLD 1522 1985 PLC 65 |
Service Tribunal, Sindh
Appeal No. 28 of 1980, decided on 27th August, 1984.
MUSHTAK ALI KAZI, CHAIRMAN, R.M. ISHAQUE AND MUHAMMAD IBRAHIM LAKHIAR, MEMBERS
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Appeal No. 28 of 1980, decided on 27th August, 1984.
MUSHTAK ALI KAZI, CHAIRMAN, R.M. ISHAQUE AND MUHAMMAD IBRAHIM LAKHIAR, MEMBERS
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NOOR KHAN CHOUDHRY
VS
CHIEF SECRETARY TO GOVERNMENT OF SIND and 2 others
Law:
Section:
Sind Civil Servants (Efficiency and Discipline) Rules, 1973- ---R.5 (3)--Reasonable opportunity to show cause--Accused offered personal hearing in show-cause notice--Accused submitting reply stating that he had given full explanation and also asking for personal hearing-Plea before Service Tribunal in appeal against penalty of compulsory retirement that personal hearing not given--Such objection not mentioned in memo of appeal and plea raised for first time in arguments before Service Tribunal--Neither any evidence to establish such assertion adduced nor even an affidavit to that effect filed during pendency of appeal--Held: (1) Such averment if made in memo. of appeal there could have been sufficient material in written statement of respondent department to contradict appellant on such point; (2) it is presumed that official acts have been regularly performed--Plea, in circumstances, rejected and denial of reasonable opportunity to show cause, held, not established--Sind Service Tribunals Act (XV of 1973), S.4. Manzoor Ali Khan for Appellant. Hassan Akbar, A.A.-G. for the Government. Date of hearing: 13th August, 1984. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-- The appellant, an officiating D. S. P. C.I.A. has preferred this appeal against an order dated November 28, 1979 of Secretary, Home Department, Government of Sind, in departmental proceedings, compulsorily retiring the appellant from service with immediate effect. The facts in brief are that Mr. J.A. Rahim and his son Sikandar Rahim were detained in their house under D.P.R. in compliance with an order of detention issued by the then Home Secretary. On 2nd May, 1976 Mr. J. A. Rahim was forcibly taken from his house to Ferozabad Police Station by Police and he was maltreated. Mr. J.A. Rahim and his son Sikandar were kept at the Police Station for about two hours. It is said that the appellant came to Ferozabad Police Station and met Inspector Aijaz Hussain. The appellant told him that Mr. J.A. Rahim and his son should be sent in separate cars, which had been provided for the purpose, to the K.D.A. Rest House in Defence Housing Society, according to instructions of Home Secretary and Mr. Jam Sadiq Ali,…
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