Law:

Section:

Keywords: Orders, Failure, Place, Personal Hearing, Procedure, Proceedings, Conviction, Parties, Chairman, Prosecution, Consideration, Precedent, Punishment, Rape, Production, Plea, Abetment, Language, Evidence, Departmental Appeal, Show-Cause Notice, Receipt, Service Tribunal, Determination, Set Aside, Criminal Proceedings, Charge Sheet, Enquiry Officer, Order, Federal Shariat Court, Defence, Civil Servant, Impugned Order, Penalty, Inter Alia, Notice JUDGMENT JUSTICE (RTD.) MUNAWAR ALI KHAN (CHAIRMAN).-The appellant, Miss Farhat Sadiq was working as a Staff Nurse in the Civil Hospital, Karachi, when by the order dated 30th January, 1991, of the Secretary, Health Department, Govt, of Sind, her services were dispensed with. The said order was passed in the wake of departmental proceedings taken against the appellant under the Sind Civil Servants (Efficiency and Discipline) Rules, 1973 (hereinafter referred as the said Rules. To begin with she was first served with a show-cause notice dated 28th October, 1989, wherein it was alleged that she had taken Miss Shahnaz Sardar, Nursing student of 2nd year to Room No. 37, of the Paying Ward of the Hospital on the pretext of giving injection to the patient but instead rape was committed on her in the said room and that the appellant failed to report the incident to any responsible official. The appellant's reply to the said notice was found unsatisfactory, and she was ultimately served with final show-cause notice dated 13th September, 1990 to which the appellant submitted her reply on lst October, 1990. She was also given personal hearing and finally the above order of termination of her services was passed. She challenged the said order in departmental appeal filed before the Chief Secretary and after waiting for 90 days for decision thereon, she came to this Tribunal in the present appeal filed on 17-3- 1991. 2. We heard Mr. Mushtaq Memon on behalf of the appellant and Mr. Habib Rashid for the respondents. We also went through the relevant record and the authorities cited of the bar. 3. It was submitted by the appellant's learned counsel that the allegations made against the appellant were vague and were never proved…

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