Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1974-- ---R.4--Revised Leave Rules, 1980, R.13--Removal for misconduct--Civil servant defiance of transfer order by not resuming duty at his new place of position, Drawing of salary unauthorised--Effect--Civil servant's failure to resume duty the new place of posting and his choice to be on unsanctioned leave for specified period amply proved that he had defied Authority's orders and proceeded E-, (cave unauthonsedly--All medical certificates submitted by civil servant, however could not be regarded as fake, bogus or arranged--Civil servant was unit obligation to have obtained leave from competent authority which under normal and pressing circumstances would not have been denied to him--Drawing salary by civil servant under mistaken belief that his leave would be granted could not be deemed to be a fraud of any kind and moreso when earned leave was to him and leave on genuine medical grounds could not be denied as per R.13 Revised Leave Rules, 1980. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1974-- ---R.4--Sind Service Tribunals Act (XV of 1973), S.4--Removal for misconduct Quantum of punishment to be in consonance with guilt committed--Penalty f removal from service being excessive was substituted with reduction of time scale viz. from B.S.17 to B.S.16 for a period of two years--Period from removal ' service till the date of order of the Tribunal to be treated as extraordinary leave without pay. Muhammad Younus Behan for Appellant. Imdad Hussain Qazi for the State. Date of hearing: 4th July, 1988. JUDGMENT DR. A.Q. QAZI (MEMBER).--This appeal is directed against appellate order of Secretary Education Sind rejecting the departmental app filed against the order of Director of Schools Education, Hyderabad Region ordering the removal of appellant from the position of High School Teach Government High School Arazi District Dadu. 2. In order to appreciate the case it shall be necessary to give a required and relevant background of the case. Appellant joined Government service in Education Department as a S.E.T. (Senior English Teacher) in Grade-14 on 4-11-1987. He was confirmed as such and…

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