Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Removal from service on charge of misconduct---Contention raised was, that charge-sheet issued by the Acting Chief Justice was not within his competence as only the Chief Justice as an Authorized Officer was the Competent Authority and thus charge-sheet was not validly served, and finding thereon, a nullity---Civil servant on identical facts produced copy of C.P.S.L.A. No. K/209 of 1978, titled "Shafiqul Haq Hashmi v. Government of Sindh", which arose out of a Constitutional petition, wherein leave was granted by Supreme Court vide order of Supreme Court dated 16-4-1979 only on the point that authorized officer was the Chief Justice and not the Acting Chief Justice and se all the actions against the petitioner were declared to be void ab initio---Petition referred to, was converted into appeal and was ultimately dismissed---Supreme Court having gone through the said minutely in the light of the questions raised in petition found that they were almost identical to that but the said petition was dismissed on the final hearing---Leave to appeal was refused in circumstances. ORDER S. USMAN ALI SHAH, J.---This is a petition for leave to appeal against the judgment of the Sindh Service Tribunal dated 6-2-1989, arising out of a service matter wherein, the petitioner when posted as a Civil Judge at Mirpur Mathelo during the period of 2-1-1974 to 26-5-1975, several complaints of corruption were received against him by the Authority, on the basis of which he was transferred to Jacobabad and from where he was transferred to Moro in December, 1974 and disciplinary action was initiated against him. He was charge-sheeted and his explanation was asked. An enquiry was ordered and Ali Madad Shah, Member Inspection Team (Now Justice Retired), was appointed as Enquiry Officer, who after recording the evidence, submitted his report on 12-7-1979 in which the petitioner was held guilty of the charges of corruption etc., levelled against him. On the basis of this enquiry, the petitioner was dismissed from service on 2-12-1979. The petitioner's service appeal before the Sindh Service Tribunal was dismissed as time-barred vide order…

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