Law: Sindh Civil Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(b)(iv),5,6

Law: Sindh Service Tribunals Act, 1973

Section: 4

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973---   ----Rr. 4(1)(b)(iv), 5 6---Sindh Service Tribunals Act (XV of 1973), S.4---Dismissal from service---Appeal---Appellant was dismissed from service without issuing him show-cause notice and without holding inquiry against him on allegation of absence from duty---Appellant was allowed 30 days earned leave; after expiry of said earned leave, appellant applied for extension of leave twice on medical grounds producing medical certificate issued by the Registrar, Department of Orthopedic Postgraduate Medical Centre---Subsequent absence of appellant was regularized, but despite that major penalty of dismissal from service was imposed on appellant---Validity---Held, as per established legal dictum, accused civil servant could not be penalized twice for the same omission and commission---Since period of unauthorized absence was regularized by treating same as extraordinary leave without pay, penalty of dismissal from service on the same charge was neither proper nor justified---When absence was treated leave on full pay or without pay, then accused civil servant could not be treated as absent and in any case he could not be dismissed from service on that ground---If the civil servant was treated absent, then he could not be treated on leave and if he was to be treated on leave he could not be treated as absent---Absence of the appellant having been regularized by treating same as leave without pay, order awarding major penalty of dismissal from service on that score, was nullity in the eyes of law and void---Impugned order was set aside with direction to reinstate appellant in service treating intervening period as leave of kind due.   Dr. Rasheed Ahmed Soomro v. Government of Sindh and others KLR 1995 LS 89; Muhammad Riaz v. D.P.O., Khushab and another 2005 PLC (C.S.) 912 and Lahore Development Authority v. Muhammad Nadeem Kachloo and another 2006 SCMR 434 ref. JUDGMENT JUSTICE (RTD.) ABDUL GHANI SHAIKH (CHAIRMAN).---Appellant while serving as Deputy Director (Admn.) Environmental Protection Agency, Sindh, was proceeded on medical leave for 30 days w.e.f. 16-2-2000. On expiry of such leave, he…

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