Law:

Section:

(a) Civil service-- ---Dismissal--Mala tides, plea of--Proof--Civil servant dismissed on charge of misconduct--Charge-sheet served on such civil servant on report of his reporting officer-Tension between civil servant and such officer arose subsequent to a letter wherein civil servant demanded rectification of his grievance--Civil servant putting up plea of mala fide sin serving of charge-sheet and subsequent dismissal--Where prior to such letter there existed no record of any stigma or blemish attached to civil servant's work and conduct, possibility of existence of mala fides, on part of reporting officer, held, could not be ruled out. P L D 1981 S C 176 ref. (b) Civil service-- ---Domestic enquiry--Enquiry Officer's observations very contradictory and not based on any acceptable rationale--Civil servant, held, could not be held responsible on basis of such material. (c) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, R.5--Quantum of punishment, determination of--Punishment, held, should be in consonance with amount of guilt proved--Punishment of dismissal did not conform to principles of natural justice--Such punishment was replaced with reduction in rank of civil servant-­Appeal of civil servant was partly allowed and he was ordered to be placed in Grade-17 for specified period. Naimatullah Qureshi for Appellant. Abdul Ghafoor Mangi Asstt. A.-G., Abdul Rasheed Qureshi and Abdul Saeed Khan Ghori for Respondent. Dates of hearing: 12th August, 1986, 3rd March, 5th July and 11th July, 1987. JUDGMENT DR. A. Q. QAZI (MEMBER).--This order shall decide and dispose of Appeal No.l of 1985 filed by appellant Khuda Bux Baloach an ex-Divisional Forest Officer against the order of his dismissal from service. 2. In order to appreciate and understand this very complex case, in which the appellant has come for the third time for relief to this Tribunal we shall have to have thorough knowledge of the facts which help understanding the bona fide/ mala fides of this case apart from understanding the niceties of law involved. 3. Mr. Khuda Bux Baloach the appellant was selected by the Sind Public Service Commission…

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