Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ---R.4--Dismissal from service--Appellant a Constable was charged for misconduct and stealing a money purse in league with others from a taxi in which he was travelling which constituted a criminal offence--For criminal offence appellant was proceeded in the Criminal Court but acquitted on point of material contradiction and unbelievable evidence--Departmental proceedings under Efficiency and Discipline Rules were initiated against him which ended in his dismissal from service on basis of findings and recommendations of Enquiry Officer--Enquiry Report revealed that it had not at all dilated on charges and to their substantiation---Nothing was seen in Enquiry Report to make basis for major punishment of dismissal--Enquiry had not been conducted in conformity with rules and no witness was examined--Inquiry was not held in presence of appellant and he was not afforded an opportunity of cross-examination and to lead his defence--Inquiry report was perfunctory as no investigation into charges was made--Appellant allegedly did not appear before Enquiry Officer despite due service but from record it nowhere transpired that appellant was proceeded with against unauthorised absence--Omission in this way caused irreparable loss to appellant and negated doctrine of "inauditius condemnral delet countumax"--­Appellant was also not furnished with a copy of report and this legal lacuna vitiated proceedings against appellant--Held, from the facts it appeared that some outside factors motivated criminal complaint, influenced mind of authority in reaching decision of dismissing appellant--Order of dismissal was set aside in circumstances. Sayed Mir Muhammad v. N.-W.F.P., Govt. P L D 1981 S C 176 rel. (b) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ---R. 5/6--Inquiry--Denial of opportunity of cross-examination of witnesses and to lead defence vitiates entire proceedings of inquiry which cannot be attached any credibility. (c) Maxim--- ---"Inauditius condemnarl delet countumax" (No one should be condemned unheard unless he is contumacious--Meaning discussed. Mazhar Ali Chohan for Appellant.…

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