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Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----R. 5---Dismissal---Misconduct---Misappropriation---Appellant a Supervisor Primary Education fraudulently withdraw a sizeable amount from Public Exchequer by preparing bogus G.P. Fund Bills and Pay/Contingent Bills and embezzled it in collusion with an ex-Sub-Division-Education Officer---Appellant was dismissed from service after a show-cause notice served on him, by Secretary Education who was Appointing Authority, but acted as `Authorised Officer' and awarded punishment of dismissal from service---No inquiry was, however, held--­After his appeal having not been replied by the Chief Secretary, appellant challenged his dismissal by appeal before Service Tribunal which was allowed and case remanded with the remarks that factual allegations made against appellant had not been properly investigated, no proper inquiry was held and no material was available to prove charges---Appellant had not been shown to have been heard personally---Secretary Education played role of Authorised Officer instead of Authority---Grave legal lacuna was also committed by punishing authority inasmuch as that instead of awarding penalty of compulsory retirement, appellant was dismissed from service---Held, there being no basis for Authorised Officer's findings, the appellant's punishment was absolutely unjustified---Appeal was allowed and case was remanded to Authorised Officer concerned requiring him to proceed against appellant afresh, ensuring due compliance of relevant provisions of Rules. Date of hearing: 16th August, 1990. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---The appellant, Atta Muhammad Chandio was Supervisor, Primary Education, Ratodero when he was dismissed from service vide order, dated 13th December, 1989 of the Secretary Education Department, Government of Sindh. The charges levelled against the appellant for his dismissal are contained in the show-cause notice served on him on 26th June, 1987. Para. 4 of the notice is relevant and is reproduced as under: "4. The details of misconduct are that:----- While working as Supervisor Primary Education in Ratodero Sub-Division in the years, 1978-79 to 1980-81 you…

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