Law:

Section:

Sind Civil Servants (Efficiency and Discipline) Rules, 1973- ---Rr. 5(2) & 6(1)(a)--Sind Service Tribunals Act (XV of 1973), S. 4-Removal from service for misconduct--Enquiry--Procedure--Discretion vested in Authorized Officer to decide whether in the light of facts of case or in the interest of justice, enquiry should be conducted through Enquiry Officer or through Enquiry Committee--Authorised Officer for taking such decision would, of course, exercise his discretion in judicious manner and not arbitrarily--Penalty is awardable on the grounds specified and not on mere allegations--Authorised Officer while deciding not to hold enquiry, has to inform the civil servant by order in writing, of the action proposed to be taken in regard to him and ground of the action--Where enquiry was decided to be held, then the Authorised Officer had to frame charge and communicate the same to accused civil servant together with statement of allegations explaining the charge etc.--Show-cause notice served on civil servant did not fulfil the legal requirements inasmuch as, it failed to convey to the civil servant the grounds on which penalty proposed to be awarded to him was based but it rather contained allegations against him--Show-cause notice being not in conformity with legal requirements was thus illegal and all actions and orders based thereon were void. 1980 S C M R 850 ref. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--By this appeal the appellant Dr. Faiz Muhammad Shaikh has sought reversal of the two orders: first, passed by the Chief Secretary, Government of Sind dated 9th April, 1987, whereby he was removed from service and second, made by the Chief Minister, dated 29th March, 1988, by which his departmental appeal/review from the first mentioned order was rejected. Briefly stated the facts of the case are that the appellant entered Government service on 1-11-1973 as Demonstrator (Grade-17) in Chandka Medical College, Larkana. Later, he was promoted as Assistant Professor in the same College. While he was working in that capacity the students of that College made agitation against alleged misbehaviour of some teachers with a girl student, Fahmida Baloch. As a result of…

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