Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973 ---R.6(2)--Sind Service Tribunals Act (XV of 1973), S.4--Scope of enquiry against civil servant--Effect of non-production of important witnesses and non-conducting of cross-examination of other witnesses---Where enquiry against civil servant was being conducted, such civil servant, Held, would be entitled to cross-examine witnesses produced against him--Requirement to cross-examine witnesses is mandatory--If in an inquiry statements of important witnesses were not recorded and there was no record of cross-examination with regard to witnesses produced, such inquiry suffered from legal infirmity and punishment imposed on basis thereof, could not be sustained. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R.6(2)--Imposition of major penalty against civil servant-­Requirement--Where civil servant was charged of penal offences and major penalty was to be inflicted, charges against him were required to be well framed and inquiry procedure strictly construed and followed--Authority making enquiry against civil servant wherein major penalty was to be inflicted against him, Held, would be bound to make absolutely sure that charges framed have been proved beyond any reasonable doubt in 'fact' and in 'law' both. (c) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---Rr.5(2) & 6(1), (2)--Order of compulsory retirement against civil servant suffering from lacunae and infirmities--Effect--Where order against civil servant envisaging compulsory retirement from service suffered from legal lacunae and infirmities, such order, Held, would not be sustainable and could be set aside by Service Tribunal in appeal. Manzoor Ali Khan for Appellants. Rasheed Akhtar Qureshi for Respondents. Date of hearing. 19th May, 1987. JUDGMENT A.Q. QAZI, MEMBER.--This single order shall govern and dispose of Service Appeals Nos. 77 of 1986 and 78 of 1986. The above appeals have been filed against the orders of Medical Superintendents, Civil Hospital, Karachi. whereby appellants Saeed Ahmed and Syed Salimuddin, both Dispensers of Civil Hospital, Karachi have been compulsorily retired w . e. f .…

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