Law: Sindh Service Tribunals Act, 1973

Section: 4,6,10

(a) Sind Service Tribunals Act (XV of 1973)--   --S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr.6 10--Dismissal from service--Leave to appeal granted to determine whether the remedy by way of appeal having been invoked by appellant in respect of original order removing him from service, the subsequent modification of penalty would have the effect of depriving him of his right to remedy in respect of primary departmental order holding him guilty of charges levelled against him.   (b) Sind Service Tribunals Act (XV of 1973)--   ---S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr.6 10--Dismissal from service for misconduct--Pending decision of his departmental appeal, appellant also filing appeal before Service Tribunal--Appellants departmental appeal partly allowed in so far as order of dismissal from service was substituted by an order of compulsory retirement--Application of appellant for permission to amend memo. of appeal for bringing on record said supervening fact refused by Service Tribunal which further held that pending appeal had become infructuous--Right of challenging original order once having been exercised by a civil servant, such right creates a vested right to have his appeal determined on its merits, irrespective of what orders are passed in departmental appeal--Penalty in instant case was not enhanced but was reduced by appellate authority, Service Tribunal ought to have allowed application of appellant for amendment of memo. of appeal in order to place on record the subsequent event of passing of appellate order--Non-filing of appeal against appellate order did not, in any way, render the pending appeal before Service Tribunal infructuous--No substantial argument advanced in support of view taken by Service Tribunal--Contention that appellant had accepted order passed by appellate authority because he did not file an appeal against same, held, was without substance as he was pursuing his appeal from the original order in proceedings before the Supreme Court--Judgment of Service Tribunal set aside, application of appellant for amendment of his memo. of appeal allowed and case remanded to…

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