Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-- ---Rr.4 & 5--Compulsory retirement--Appellant a driver in office of Mukhtiarkar, was attributed certain acts of omission and commission--Appellant was charge-sheeted and compulsorily retired by Deputy Commissioner as a result of inquiry wherein he was found guilty of charges of misconduct with regard to negligence in performing duties, mischievous and insolent behaviour, coming to office late and remaining absent without permission--Appellant challenging order of his compulsory retirement--Charge of negligent performance of duties against appellant was proved by reliable evidence before Inquiry Officer of Mukhtiarkar under whom appellant had been working and who reported against him-­Appellant took plea that he was falsely involved in case at instance of Deputy Commissioner but his contention was not established by evidence and facts and circumstances of case--Charge of coming late to office by appellant was duly proved against appellant by evidence of Mukhtiarkar which was quite sufficient-­Regarding unauthorised absence of appellant from office, Inquiry Officer based his finding on Attendance Register which was the best evidence to prove his absence--In an attempt to rebut charge of absence from office, appellant produced a photo-copy of a letter purported to have been written by Mukhtiarkar to Deputy Commissioner, stating that appellant had been relieved of his duties in his office--No mention was made of said letter by appellant under excuse that he had forgotten to mention same which was not believable--Appellant also did not cross-examine Mukhtiarkar about writing of said letter--Such letter was therefore, not sufficient to rebut charge of appellant's absence from office--Appellant having been rightly punished, interference was declined in appeal. (b) Sindh Civil Servants (Efficiency and Discipline) Rules, 1975--- ---Rr.4 & 5--Unauthorised absence from office--Attendance Register, held, was invariably the best evidence to prove absence. Muhammad Nawaz Shaikh for Appellant. Zawar Hussain Shah, AA: G. for Respondents. Date of hearing: 30th October, 1989. JUDGMENT MUNAWAR ALI KHAN…

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