Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--------S. 5(6) ---Dismissal from service--- "Authority" and "Authorised Officer" ---Determination---Where two or More civil servants were proceeded against jointly, "Authority" and "Authorised Officer" in respect of highest ranking civil servant amongst them, would be the "Authority" or "Authorised Officer" in respect of all such civil servants---'There being six civil servants and highest ranking amongst them being that of B.N.S.P. 18 Officer, "Authority" in respect of all such civil servants was "Chief Secretary" and Home Secretary being next in command, was the "Authorised Officer" ---Dismissal order passed against civil servants by Home Secretary, who was "Authorised Officer" and not Competent Authority, was void--­Chief Secretary who was the Competent. Authority was authorised to pass dismissal order and Home Secretary Who was Authorised Officer, could only sign show-cause notice and statement of allegations---Dismissal order passed by Home Secretary instead of Chief Secretary, amounted to coram non judice, was illegal and could not be sustained. (b) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973---- ----R. 6---Dismissal from service---Holding of Departmental Enquiry---Civil servant who was dismissed from service, was issued a show-cause notice stating therein that it was not necessary to hold enquiry against him---Acts of alleged misconduct were not mentioned in the show-cause notice, but were attached to it as "statement of allegations"---No final show-cause notice was issued to civil servant nor copy of Enquiry Report was provided to him, nor a~ personal hearing was provided to civil servant before passing dismissal order which otherwise was passed by incompetent Authority---Dismissal order passed without complying with provisions of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 and passed by Authority which had no jurisdiction to pass the order was of no legal consequence and was a void order. PLD 1990 Quetta 8 ref. (c) Sindh Government Rules of Business, 1986---- ----Rr. 7 & 19---Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, Rr. 5 &…

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