Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Appeal--Limitation--Dismissal from service--Final order issued and despatched to appellant by ordinary post--Date on which appellant received the order, held, would be' taken into consideration for computing period of limitation and appeal filed within statutory period from receipt of final order, held, was in time. (b) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, Rr.5 & 6--Appellant served with show-cause notice for misconduct and imposed penalties of dismissal from service and recovery of loss caused to Government--- Charges made against appellant being of factual nature and appellant having denied the same, Authorised Officer had no alternative but to order detailed enquiry through Enquiry Officer or Enquiry Committee instead of adopting short-cut method by serving show-cause notice on the, appellant who could be punished only after charges against him were duly proved--Authority passing order of punishment was shown to have no evidence before him except appellant's own reply which rather refuted the charges--Procedure envisaged in R.5(2) read with R.6 of Sind Civil Servants (Efficiency and Discipline) Rules, 1973 was not adopted inasmuch as that neither appellant was served any charge-sheet alongwith statement of allegations nor detailed enquiry was held into the charges--Charges levelled against the appellant, held, could not be said to have been proved and the impugned order could not be sustained--Impugned order set aside and case remanded back to the Authorised Officer with direction to proceed against appellant afresh in accordance with the relevant rules. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This case began with initiation of disciplinary action against the appellant who was then working as Unani Hakim of Sind Government at Garhi Mori, District Khairpur. Based on audit report pinpointing the loss of medicines during the years 1975-76 to 1978-79, show-cause notice dated 20-11-1982 was served on the appellant. The show-cause notice contained the following allegations: (1) Spoiled the stock register of medicines thus, making the…

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