Law:

Section:

Sindh Police (Efficiency and Discipline) Rules, 1988-------R.6---Sindh Service Tribunals Act (XV of 1973), S.4---Dismissal from service on ground of registration of criminal case---Civil servant against whom a criminal case was registered was dismissed from service after serving him show-cause notice but without holding inquiry against him simply on basis of report of fact finding Inquiry Committee---Report of fact finding Committee was based upon investigation conducted by police in which civil servant was not allowed to participate---Such inquiry could not be termed as a regular inquiry as contemplated under Sindh Police (Efficiency and Discipline) Rules, 1988---Civil servant otherwise was acquitted of charges against him by Court of competent jurisdiction, but Authorities had ignored finding of competent Court and passed dismissal order against civil servant relying on investigation which had been turned down by the Court---Judgment of Court should have been given due consideration while considering Departmental appeal of civil servant--­Order dismissing civil servant from service passed by Authority was, set aside with direction to reinstate him in service from date of his dismissal. Malik Azharul Haq v. Director of Food, Punjab, Lahore and another 1991. SCMR 209 and Rashid Mehmood v. Additional Inspector ­General of Police and 2 others 2002 SCMR 57 ref. Abdul Sattar Mughal for Appellant. Muhammad Qasim Mirjat, Asst. A.-G. for Official Respondents. Date of hearing: 25th January, 2002. JUDGMENT JUSTICE (RETD.) ABDUL GHANI SHAIKH, (CHAIRMAN).--­Appellant has challenged his dismissal from service through the instant appeal tiled under section 4 of the Sindh Service Tribunals Act, 1973. 2. The appellant was nominated as an accused in F.I.R. No.99 of 1997 lodged by one Muhammad Zaheer at Police Station Saddar for offence under section 17(3) H.O read with section 392/34, P.P.C. He was proceeded against departmentally and was served with a show-cause notice that he had snatched 1100 American Dollars from one Muhammad Zahid. He was also challaned in the concerned Court to face his trial. The appellant in his reply to the show-cause notice denied the factum of his…

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