Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 212(3)--Sind Service Tribunals Act (XV of 1973), S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr.2 8 3-­Compulsory retirement--Petitioner contending that he was prejudiced as he was charge-sheeted for gross negligence which was not actionable for awarding any punishment whereas proceedings conducted against him indicated a charge of misconduct--According to charge-sheet and inquiry proceedings petitioner was put on a clear notice that he was guilty of gross negligence and inefficiency--Inefficiency was an independent ground for punishment under R.3 of Sind Civil Servants (Efficiency and Discipline) Rules, 1973, while gross negligence could in circumstances of case be considered as misconduct as defined in sub-cl. (4) of R.2 of said Rules--Since petitioner had notice that he was being accused of misconduct including gross negligence and inefficiency he had not at all been prejudiced--Contention repelled. (b) Constitution of Pakistan (1973)------Art. 212(3)--Sind Service Tribunals Act (XV of 1973), S.4-Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr.2, 3 & 4-­Penalties under Efficiency and Discipline Rules--A civil servant who had been given a notice for a higher major penalty, held, could be awarded any of lesser major penalties--Petitioner put on notice for punishment of dismissal while he had been awarded lesser punishment of compulsory retirement--Both such punishments included in list of major penalties contained in sub-cl. (b) of R.4 of Sind Civil Servants (Efficiency and Discipline) Rules, 1973--Petitioner getting lesser penalty, held, should have no grievance. Rashid Akhtar Qureshi, Advocate-on-Record and Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 27th August, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 7-7-1985 of the Sind Service Tribunal; whereby petitioners appeal against order of his compulsory retirement, was dismissed. The petitioner was a Property Clerk of District Court Larkana when he was proceeded against under the Efficiency and Discipline Rules for the loss of two revolvers,…

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