Case Details

Citation(s)
1999 SLG 990 1999 SLD 990 1999 PLC 715
Service Tribunal, Sindh
Appeal No. 119 of 1996, decision dated: 6-04-1998
ABDUL MAJEED KHANZADA, CHAIRMAN AND S. NASIM HAIDER, SENIOR MEMBER

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GULFAM MOHIUDDIN

VS

GOVERNMENT OF SINDH through Chief Secretary and 2 others

Law:

Section:

Civil service-------Misconduct---Imposition of penalty of reduction to lower post---Civil servant who was recruited directly as Mukhtiarkar (B-16) was promoted as Assistant Commissioner (B-17) after 9 years of his recruitment---Penalty of reduction to lower post of Mukhtiarkar (B-16) for a period of two years was imposed on civil servant after issuing him show-cause notice and charge ­sheeting him on allegation that he had deliberately and intentionally issued a false heirship certificate in a murder case in which he had omitted some names of heirs of deceased---Evidence on record had fully proved that civil servant in issuing heir ship certificate had not exercised due care and vigilance ---Heirship certificate was proved to have been issued with mala fide intention and was not a bona fide act---Even otherwise, civil servant had a chequered record and he was facing three disciplinary action cases--­Penalty of reduction in rank from Assistant Commissioner (B-17) to Mukhtiarkar (B-16) was rightly imposed on civil servant after completion of prescribed formalities: Manzoor Ali Khan for Appellant. S.M. Sayedain Zaidi, A.A.-G. Sindh for Respondents. Date of hearing: 10th March, 1998 JUDGMENT ABDUL MAJEED KHANZADA (CHAIRMAN). ---The appellant through this appeal has challenged the impugned order, bearing No.SOV.(S&GAD) IX-20 of 1987, dated 21-4-1996, conveyed by the then Chief Secretary, Sindh where under the competent authority has imposed the penalty of reduction to lower post of Mukhtiarkar (B-16) for a period of two years, with immediate effect. The appellant against that impugned order filed review petition before the then Chief Minister, Sindh on 16-5-1996. After waiting for statutory period, he filed this service appeal. The counsel for the appellant stated that he was recruited directly, as Mukhtiarkar (B-16), through Sindh Public Service Commission on 25-5-1978. He was promoted as Assistant Commissioner (B-17) on 17-6-1987, (after, 9 years). According to him, 'except the penalty sought to be set aside, the appellant's service record through out remained clear. Chronologically, the 1st Additional Sessions Judge, South Karachi on 15-3-1992 issued a show…
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