Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4 & 5---Dismissal from service---Appellant a Police Constable charged for his involvement in illicit sale of women from Bangladesh---Appellant was acquitted in criminal case but he was proceeded against departmentally and charge-sheeted and dismissed from service as a result of finding of inquiry held against him, wherein he was found guilty---Perusal of record showed that findings of Enquiry Officer regarding appellant's hand in illicit sale of women were not based on any positive and cogent evidence---Statements of official as well as private witnesses clearly revealed that none of said witnesses in any manner incriminated appellant----charge of involvement of appellant in illicit sale of women, therefore, not proved in circumstances. (b) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4 & 5---Absence from duty---Appellant was charged for involvement in criminal offence of illicit sale of women and unauthorised absence from duty--­Appellant was not found guilty of criminal offence and was absolved of criminal liability therefore---Regarding his absence from duty appellant stated that same was due to his involvement in criminal cases as he suffered mental shock and consequently fell ill---Appellant stated that his absence was not to avoid arrest--­Appellant took the plea of being on medical leave during period of absence--­Medical certificates produced by appellant were issued by private medical practitioners which deserved no consideration---Illness mentioned in Medical Certificates was not of nature prohibiting appellant from performing his ordinary pursuits of life---Held, charge against appellant qua absence from duty stood established in circumstances. (c) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ---Rr. 4 & 5---Punishment---Appellant was awarded extreme penalty of dismissal from service on two counts namely, illicit sale of women and absence from duty--­First charge of illicit sale of women was not established against appellant and he was exonerated while charge of unauthorised absence from duty stood proved against…

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