Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973- -R. 5 (4), Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, r. 4-Imposition of major penalty-Order to be passed by "Authority" and not by "Authorized Officer"-­"Authority" as a rule is appointing authority-Appointing authority for Grade. 16 Secretary of concerned Department-S.D. O. of Irriga­tion Department drawing pay in Grade-16 though not approved by Public Service Commission proceeded against by Chief Engineer as Authorised Officer--Order of compulsory retirement passed by Chief Engineer himself-Void and without authority. (b) Civil service-- ----Compulsory retirement order with retrospective effect-Void. (c) Sind Service Tribunals Act (XV of 1973)- --S. 4-Sind Civil Servants Act (XIV of 1973), S. 18, proviso­-Appellant proceeded against for absconding without leave-­Applications on medical grounds sent from home duly supported by Medical certificates-Leave not sanctioned and disciplinary proceedings started-Penalty of compulsory retirement imposed by "Authorised Officer" incompetently without referring case to "Authority" competent to impose such major penalty-Held : (i) Leave on medical grounds could not be refused and only second medical opinion could be obtained, (ii) case being more than 10 years old as such it would be inhuman to remand same for fresh enquiry in respect of same cause of action-Tribunal, in circumstances, setting aside impugned compulsory retirement order and by invoking provisions of S. 18, proviso of Sind Civil Servants Act, 1973 direct­ing treatment of intervening period, after reinstatement, as leave actually due on medical grounds plus leave extraordinary without pay. Waqar Hussain for Appellant. A.A. Mohammadally, A. A.-G. for Respondent. JUDGMENT MUSHTAK ALI KAZI, (CHAIRMAN).-The appellant, a Sub-Divisional Officer, Irrigation, has been compulsorily retired from service by the Chief Engineer Irrigation and he has accordingly preferred this service appeal. The facts in brief are that the appellant was a refugee from U. P. and he was appointed as an Overseer in Irrigation after partition in the Province of Sind. He was then promoted to officiate…

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