Case Details

Citation(s)
1988 SLG 1313 1988 SLD 1313 1988 PLC 745
Service Tribunal, Sindh
Appeal No. 8 of 1987, decided on 30th April, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, A.R. QAZI ARID DARGAHI L. MANGI, MEMBERS

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MUHAMMAD YOUSUF

VS

GOVERNMENT OF SIND through Chief Secretary of Sind, Karachi and 3 others

Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 5 & G--Disciplinary procedure--Appellant although initially served with show-cause notice yet authorised officer thought it fit to order detailed enquiry because factual allegations denied by appellant in his reply to show-cause notice could not otherwise be proved and consequently question of visiting appellant with punishment would not arise--Substitution of full enquiry in place of show­-cause notice in order to prove controvertial facts, held, was not wrong particularly when initial course adopted by Authorised Officer had not yet been finalized. (b) Sind Service Tribunals Act (XV of 1973)--- ---S. 4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr. 3, 5 & 6-­Dismissa: from service--Allegations that appellant, Additional District and Sessions Judge, enjoyed persistent reputation of being corrupt established in departmental enquiry--Chief Justice, on some complaints of corruption against appellant warning him to be careful in future and guard his reputation which was silently accepted by appellant--Adverse entries in appellant's Annual Confidential Reports for four years, reflecting on his integrity, conveyed to him and despite his request to that effect were not expunged--Allegation that such adverse entries were on account of bias of authority recording the same not proved--Enquiry report showing that as many as 20 Advocates, examined in course of enquiry stated with one voice that appellant enjoyed reputation of being a corrupt judicial officer--Such witnesses having no motive for perjuring themselves could not be disbelieved only because they were unable to give any concrete case of appellant's acceptance of bribe--Charge levelled against appellant having been fully established, penalty of dismissal from service, held, was fully justified and there was no reason to interfere with impugned order. Appellant in person. Abdul Ghafoor Mangi, A.A.G. for Respondents. Dale of hearing: 20th April, 1988. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant was Additional District and Sessions Judge when he was dismissed from service by the Chief Minister's order, dated…
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