Law:

Section:

(From the of Sindh Service Tribunal, Karachi dated 5-7-1989). (a) Sindh Civil Service (Efficiency and Discipline) Rules, 1978--- ---R. 5(3)---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted to examine the question of law of public importance viz. whether the Service Tribunal had failed to take into consideration the findings recorded by the Authorised Officer on controverted questions of fact before the final order was passed; whether judicial orders which remained intact on appeal/revision or unchallenged could alone be made the basis of charges as were levelled against the civil servant in the case and whether the charges not proved overweighed the charges proved and its effect. Per Saleem Akhtar, J.; Ajmal Mian, J. agreeing, Sajjad Ali Shah, J., contra--- (b) Civil service--- ----Misconduct---Investigation---Accused a judicial officer---Misconduct of a judicial officer is to be investigated in passing the original order, the same shall remain intact and alive for such purpose---Fact that the order passed in revision application was set aside in Constitutional petition will not absolve the judicial officer of any misconduct or dishonesty which may have been employed in passing such an order. F.A. Khan v. The Government of Pakistan PLD 1964 SC 520 ref. (c) Practice and procedure--- ----For purpose of finality and determination of rights of parties by a judicial order, it is the appellate or revisional order which remains in the field. F.A. Khan v. The Government of Pakistan PLD 1964 SC 520 ref. (d) Jurisdiction--- ----Pecuniary jurisdiction of Court---When value of the suit is beyond the pecuniary jurisdiction of the Court, any Court exercising jurisdiction diligently and reasonably with proper care and knowledge of law which is expected of a judicial officer and particularly on objection to jurisdiction being raised, would refuse to proceed with the case. (e) Civil Procedure Code (v of 1908)-- ---- Court passed the order releasing goods in favour of plaintiff, on furnishing security without imposing any restriction that the same may not be disposed of or exported---Record did not show any justification for passing such an order…

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