Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ----R, 6(2)--Compulsory retirement--Enquiry--Legality of--Statements of witnesses in the form of answers to questionnaire on oath--Such statement given to civil servant for thorough examination and then allowed to cross-examine those witnesses--Procedure for enquiry was substantially complied with and no prejudice was caused to civil servant. Miss Saeeda Tasneem Ara v. West Pakistan P L D 1967 Lah. 112; Maj Muhammad Nawaz v. Government of Pakistan P L D 1970 Lah. 811; La l Muhammad v. Government of Sind 1980 S C M R 850; Ajmal Shah v. Government of N.-W.F.P. P L D 1982 Pesh. 165 and Maqsood Ahmed Shaikh v. Islamic Republic of Pakistan 1987 S C M R 1562 distinguished. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1973- --R- 6(2)--Sind Service Tribunals Act (XV of 1973), S. 4--Compulsory retirement from service--Penalty imposed on solitary statement of one witness although a number of witnesses were mentioned in show-cause notice but were not produced--Appeal against compulsory retirement was accepted giving civil servant benefit of doubt, with option to Authority to proceed against him, if evidence necessary to prove allegation against him was available. Manzoor Ali Khan for Appellant. Ilmdad Hussain Kazi, Government Counsel for Respondents. Date of hearing: 13th October, 1988. JUDGMENT DR. A.Q. QAZI (MEMBER).--This order will govern and dispose of Appeal No. 23 of 1987 by which Mr. Fasahat All Khan appellant has sought the redress against the order of compulsory retirement from service. 2. Briefly stating the facts as impleaded in the appeal are that the appellant was working as a Lecturer at Liaquat Government College. Kala Board Malir. It is his plea that he had maintained a clean record of service and has had no punishment major or minor to his credit except the one herein appealed against at this Tribunal. 3: While he was working at the College, he was served with a charge-shoe: which levelled three allegations of unauthorisedly collecting the tuition fee from six students not legally registered in the college, managing to use the counterfeit stamp of the Principal and forging…

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