| Citation(s) |
|---|
| 1988 SLG 1411 1988 SLD 1411 1988 PLC 913 |
Service Tribunal, Sindh
Appeal No. 51 of 1987, decided on 20th June, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DR-A.Q. QAZI AND DARGAHI L. MANGI, MEMBERS
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Appeal No. 51 of 1987, decided on 20th June, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DR-A.Q. QAZI AND DARGAHI L. MANGI, MEMBERS
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GADIR BUX
VS
SECRETARY OF EDUCATION, GOVERNMENT OF SIND, KARACHI and 3 others
Law:
Section:
Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 5 & 6--Sind Service Tribunals Act (XV of 1973), S.4--Removal from service without show-cause notice--Effect--Civil servant's conviction on criminal charge was maintained by High Court--Civil servant was neither given any show-cause notice nor any enquiry envisaged by law was held against him--Factually civil servant was not punished for any of the charges listed in R.3 of Efficiency and Discipline Rules--Held, as civil servant was removed from service on basis of decision of High Court upholding his conviction, order of his removal would be deemed to have been passed under R.8(a) of the Rules--Rule 8(a) however comes into play only where a person was convicted of offence involving moral turpitude--Civil servant's conviction on charge of simple hurt could not involve moral turpitude--Civil servant's conviction bang not accompanied by the sting of moral turpitude, same could not be made bass for his removal from service-Removal from service was set aside. Syed Sayeedi Hasani Zaidi for Appellant. Abdul Sayeed Khan Ghori, Government counsel for official Respondents. Date of hearing: 20th June, 1988. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant was working as Sindhi Language Teacher in Shagufta Government Boys Primary School, Orangi Town, Karachi, when his services were dispensed with, in pursuance of the order of Director School Education, Karachi, dated 4-2-1986, which was conveyed to him by Sub-Divisional Education Officer, Orangi, Karachi vide his Office order, dated 5-2-1986. The appellant preferred departmental appeal against the order of termination of his services to the secretary to government of Sind, Education Department but the same was rejected by order dated 19th July, 1987. In the present appeal, the appellant has prayed for setting aside the' aforesaid orders. The background of the case as disclosed in the judgment of Sand High Court (Criminal Appeal No.39/85), dated 12-8-1985 is that the appellant alongwith two others namely Isso and Shahan was challaned in the Court on a criminal charge of causing the death of Soomar and inflicting simple injury to Urs. Initially the…
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