| Citation(s) |
|---|
| 1988 SLG 1418 1988 SLD 1418 1988 PLC 939 |
Service Tribunal, Sindh
Appeal No. 96 of 1980, decided on 19th June, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DR. A. G. QAZI AND DARGAHI L. MANGI, MEMBERS
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Appeal No. 96 of 1980, decided on 19th June, 1988.
MUNAWAR ALI KHAN, CHAIRMAN, DR. A. G. QAZI AND DARGAHI L. MANGI, MEMBERS
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HABIBULLAH ABRO
VS
SECRETARY, EDUCATION AND CULTURE, GOVERNMENT OF SIND, KARACHI and another
Law:
Section:
(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1974-- ---R.6(1)(b)--Enquiry against civil servant--Requirements--While framing charge against a civil servant, he would be required to put in his written defence within a reasonable time not less than seven days or more than fourteen days--Such requirement, however, would not prohibit Enquiry Officer from starting enquiry before furnishing of written statement by accused civil servant. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1974-- ---R.6--Misconduct--Belated complaint of bribery against civil servant--Effect-Despite delay, civil servant had not attributed any allegations of corruption against complainants--Civil servant's charge that his superior officer had prompted complainants to level charges of corruption against him and that complainants themselves were annoyed with him on account of audit report having been submitted against them, did not appear to be borne out by record--If superior officer of civil servant had any grievance against him, he could have straightaway taken suitable action against him and he did not need to have obtained false complaint against civil servant from his subordinates. (c) Sind Civil Servants (Efficiency and Discipline) Rules, 1974-- ---R.6--Enquiry against civil servant--Denial of opportunity to cross-examine witnesses--Proof of--Enquiry Officer's endorsement made on the statements of witnesses clearly proved that civil servant was asked to cross-examine witnesses but he refused to do so--Enquiry Officer as per record had come to correct conclusion that charge of misconduct against civil servant stood proved. (d) Sind Civil Servants (Efficiency and Discipline) Rules, 1974-- ---Rr. 3 & 6--Sind Service Tribunals Act (XV of 1973), S.4--Misconduct--Charge of insubordination--Partial admission by civil servant--Effect--Civil servant's bid to collect purchase order of science material from complainant without permission of Authorized Officer amounted to misconduct--Civil servant's plea that he had demanded such purchase order from complainant on verbal order of Authorised Officer was not borne out by evidence--Burden was on civil servant to prove…
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