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Sind Civil Servants (Efficiency and Discipline) Rules, 1973-­ ---Rr.4, 5 & 6--Sind Service' Tribunals Act (XV of 1973), S.4--Civil servant's dismissal on charge of misconduct--Extensive damage to forest was caused when civil servant was incharge of that range--Civil servant's connivance in the acts causing damage to forest could be justifiably concluded--Punishment inflicted on civil servant, however, seemed to be harsh m view of the fact that he alone was not responsible for the loss/damage sustained by the Government--Penalty of compulsory retirement from service would meet the ends of justice--Penalty of dismissal awarded to civil servant was thus substituted by compulsory retirement-Civil servant's appeal subject to modification in his punishment was dismissed. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This case embarked on its journey over a decade ago when the appellant Achar Khan was Range Forest Officer (R.F.O) Nala Range . As a first step towards departmental proceedings initiated against him he was placed under suspension on 3-7-1974. It was followed by service of charge-sheet on him containing the charge of connivance at the damage. caused to the Forests in the appellant's Range and other allied charges. Mr. Afaq Muhammad Khan, RFO, Silvi Cultural Range, Hyderabad who was appointed as Enquiry Officer, after completing the enquiry, submitted his report to the Conservator of Forest, Hyderabad (Respondent No.1). The said respondent acting as Authorized Officer passed order dated 28-8-1975, imposing major penalty of dismissal from service against the appellant. This order was challenged in appeal made to the Chief Conservator of Forests (Respondent No.2) but as no decision was taken by him within 90 days the appellant filed Service Appeal No.5 of 1976, before this Tribunal. The appeal was allowed vide order of the Tribunal dated 9th June 1977 leaving it open to the Department to proceed against the appellant afresh in accordance with the rules. Despite the specific directions of the Service Tribunal, neither fresh charge sheet was served on the appellant nor fresh proceedings were taken against him. Instead Respondent No.2 obviously acting as Authority…

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